FAIR WORK ACT 2009 - SECT 389 Meaning of genuine redundancy

FAIR WORK ACT 2009 - SECT 389

  (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.