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ARTICLE · 17 SEPTEMBER 2025

Redundancy rules reconsidered: Landmark High Court ruling on redeployment

Gilchrist Connell
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HC ruled employers must consider redeploying redundant staff into contractor roles where reasonable, broadening redeployment duties under the FWA.

AustraliaEmployment and HR
Joel Zyngier
Joel Zyngier
Sarah Wood
Sarah Wood
Mark Curran
Mark Curran
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The High Court of Australia's recent decision in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 has provided significant clarity on the law concerning the redeployment of redundant employees who are protected from unfair dismissal.

This landmark ruling explains the obligations of employers under the Fair Work Act 2009 (Cth) (FW Act) when considering redeployment options. It also has far-reaching implications for employers contemplating workforce restructuring and other redundancy circumstances, as well as for employment practices liability insurers, as it is likely to increase the number of unfair dismissal claims where redeployment is in issue.

Background

Helensburgh Coal Pty Ltd operates the Metropolitan Coal Mine in New South Wales, employing a workforce that includes both direct employees and contractors from Nexus Mining Pty Ltd and Mentser Pty Ltd.

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