Redundancy laws for employers; who is to leave?

It is no business of the Fair Work Commission to interfere with the lawful management of a workplace which includes a decision in a redundancy situation as to which employees are to remain employed when a structural reorganization of the business results in more employees than are required, especially if other employees would need to be dismissed to make way for the retention of an  employee.

“In this case, the Applicant’s evidence was not that there was a vacant job or position but rather there was work being done in the warehouse that he was capable of doing which was being done by casual employees. It is however the Respondent’s decision as to how it staffs its operation. There was no requirement in this case for the Respondent to end the employment of casual employees in order to create a vacancy which would then be offered to the Applicant as redeployment.”

Turley v David Moss Corporation Pty Ltd  [2021] FWC 377 delivered 28 January 2021 per Williams C