WILLIAMS & ORS v STAPLES AUSTRALIA PTY LTD [2017] FWC 607
– 3 FEBRUARY 2017
The Fair Work Commission recently reinstated four employees who
had been made redundant. The decision reinforces the importance of
following consultation obligations under enterprise agreements and
awards prior to making employees redundant.
BACKGROUND
Staples Pty Ltd (a national supplier of business and office
products) is an employer of over 1,700 people in Australia. This
issue arose at its distribution warehouse at Erskine Park. There
were 60 permanent employees in the warehouse and a casual labour
hire workforce of 90 to 100 individuals.
Staples is covered by the Staples Enterprise Agreement 2014-2016
(the "Agreement"). Three separate
provisions of the Agreement require Staples to consult with
employees regarding "major workplace change" and
redundancy. Two of the provisions are based on legislative model
terms, and the third commits Staples to include their "Joint
Consultative
