Bassanese v HPS Transport Pty Ltd [2015] FWC 1222

Fair Work Commission|2015-02-20|Before: Deputy President Bartel, President Bartel

(#P39_2029) An application for the employer to be legally represented was declined. See [2014] FWC 8639

(#P67_6900) Ex A1-A5

(#P72_7732) The parties agreed that the restrictions identified in the certificate provided to the employer on 29 September 2014 were the same or similar to that contained in later certificates presented to the Commission.

(#P78_8784) At PN430

(#P81_9764) MA000038

(#P82_9945) MA000089

(#P85_10863) PN621-634

(#P100_12094) This matter was discussed in Urigwe v TAFE NSW, Sydney Institute [2014] FWC 9168, where SDP Drake canvasses various decisions in concluding that a redistribution of existing duties can constitute a redundancy, at [4] - [6]. See also the Explanatory Memorandum to the Fair Work Bill 2008 at para 1548

(#P125_14831) See for example Urigwe v TAFE NSW, Sydney Institute, as above; Jack v Urban Climb Pty Ltd [2013] FWA 9616. In each case the consultation provisions in the relevant modern award included reference to "major changes in production, program ..." and were applied.

(#P132_16144) See also the Termination, Change and Redundancy Case, PR6230, which is the genesis of the phrase "major changes in production, program ..." and see also the discussion on the requirement to consult in cases of redundancy.

(#P137_16656) Attached to the Form F2

(#P157_18889) [2012] FWAFB 5241 at [28], [29]

(#P176_20774) Consultation Clause in Modern Awards, [2013] FWCFB 10165

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