Redundancy rules for employers

Ordinarily the redundancy consultation requirements of modern awards and enterprise agreements do not impose particularly onerous requirements upon employers, however one thing is clear; if the modern award or enterprise agreements mandate a specific process, then that process must be complied with to the letter.

“Whilst the dismissal was a redundancy for sound business reasons, it was not a genuine redundancy within the meaning of the FW Act because whilst Auction Blue consulted with Mr Stokes, it did not do so in writing as required by the applicable modern award.”

Stokes v Auction Blue Pty Ltd  [2021] FWC 105 delivered 12 January 2021 per Anderson DP