ARTICLE · 07 DECEMBER 2025

Redundancy Case Update - What Employers Need To Know

McCarthy Durie Lawyers

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High Court clarified how "genuine redundancy" is assessed under the Fair Work Act 2009 (Cth), particularly the obligation to consider redeployment.

AustraliaEmployment and HR

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If your business is thinking about a restructure, a recent High Court decision matters to you-even if you're not a big company. In Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 (6 August 2025), the High Court clarified how "genuine redundancy" is assessed under the Fair Work Act 2009 (Cth), particularly the obligation to consider redeployment.

The decision in plain English

The case arose from a downturn that led a coal mining business to dismiss employees and reduce contractor use. Some dismissed workers brought unfair dismissal claims.

The employer argued the dismissals were "genuine redundancies," which-if established-provides a complete jurisdictional defence to unfair dismissal.

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