Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 389

Meaning of genuine redundancy

             (1)  A person's dismissal was a case of genuine redundancy if:

                     (a)  the person's employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise; and

                     (b)  the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy.

             (2)  A person's dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within:

                     (a)  the employer's enterprise; or

                     (b)  the enterprise of an associated entity of the employer.



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