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ARTICLE · 10 MARCH 2017

The need to redeploy in a genuine redundancy

Employers and HR managers must first identify whether an employee can be reasonably redeployed within the enterprise.

AustraliaEmployment and HR

In brief: The unfair dismissal provisions of the Fair Work Act 2009 apply to all employees covered by modern awards, enterprise agreements and other employees who are not "high income" employees. High income employees are defined as employees with a base salary of $138,900 per annum inclusive of any non-monetary fringe benefits, but exclusive of 9.25% statutory superannuation contributions.

What you need to know:

  • A "genuine redundancy" is exempt from unfair dismissal laws if, and only if, the following three criteria are satisfied prior to any termination of employment:
    1. The employer no longer requires the job to be performed by anyone because of changes in the operational requirements of its enterprise;

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