High Court ruling reshapes redundancy considerations for employers

In a landmark decision, the High Court has found that redeployment opportunities in the context of redundancy are not only confined to vacant roles. Rather, an employer has a broad obligation to consider whether changes can be made to its current workforce to create or make available a position for an employee in a redundant role to avoid retrenchment.

The decision in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29provides clarity on the different approaches taken by courts and the Fair Work Commission (FWC) regarding the question of when it would have been reasonable to redeploy an employee to a vacant role.

Employers are continually looking at opportunities to restructure their operations to support business growth and sustainable operations. For those considering restructures in future, we unpack the High Court's decision and its implications on workforce planning.