//
[2026] FWC 792
General information, not legal advice.
Fair Work Commission
2026-03-10
Original judgment source is linked above.
The Applicant did not identify any other roles that were comparable to the Senior Trainer role he formerly held, and that were vacant during the redeployment period. That perhaps is unsurprising given the Respondent had been undertaking a 'budget repair' driven organisational restructure, of which the proposed changes in respect of P&C announced on 5 June 2025 were just one phase. The restructure announced on 5 June 2025 had the effect of phasing out all off-shift training positions over two years, immediately removing 9 Senior Trainer roles, removing some learning design roles and transferring training delivery to on-shift trainer positions occupied by qualified Call Takers. No vacant comparable roles to the removed Learning Centre positions were identified by either party.
[51] While some matters tell in favour of a finding it would have been reasonable to redeploy the Applicant at the time of his redundancy, the other factors I have considered weigh strongly against such a finding, the most significant being that no comparable available roles have been identified. I am satisfied there were no other comparable positions to that of the Senior Trainer role available at the time of the Applicant's redundancy. Weighing each of the relevant factors, I am not satisfied that it would have been reasonable in all the circumstances to redeploy the Applicant at the time of his dismissal.
Conclusion on whether dismissal was a genuine redundancy.
[52] For the forgoing reasons I am satisfied that the Applicant's dismissal was not a case of genuine redundancy because as of 10 October 2025;
(i) while the Respondent no longer required the Applicant's job to be performed by anyone because of changes in the operational requirements of its enterprise;
(ii) the Applicant was covered in his employment by an enterprise agreement and the consultation obligations under the Agreement were not complied with; and
(iii) it would not have been reasonable in all the circumstances for the Applicant to have been redeployed within the Respondent's enterprise.
[53] Having considered each of the initial matters, I am satisfied that the application was made within the required period in subsection 394(2), the Applicant was a person protected from unfair dismissal, the small business fair dismissal code does not apply, and the dismissal was not a genuine redundancy.
[54] The Applicant's dismissal by the Respondent on 10 October 2025 was not a case of genuine redundancy within the meaning of s.389 of the Act. Having been satisfied in respect of the other initial matters, it is necessary for the merits of the application to now be programmed for determination. Directions and a Notice of Listing will be shortly issued.
[1] Exhibit A1, Witness Statement of Gawaine Lee, dated 23 January 2026, at [[1]-[2]
[36] Exhibit A1, Attachments 22a, 22b & 22c
[53] Ulan Coal Mines Limited v Honeysett [2010] FWAFB 7578 (Giudice J, Hamberger SDP, Cambridge C,
12 November 2010) at para. 26, [(2010) 199 IR 363].
[54] Technical and Further Education Commission T/A TAFE NSW v Pykett [2014] FWCFB 714 (Ross J, Booth DP, Bissett C, 29 January 2014) at para. 36, [(2014) 240 IR 130].
[55] Ulan Coal Mines Limited v Honeysett [2010] FWAFB 7578 (Giudice J, Hamberger SDP, Cambridge C,
12 November 2010) at para. 28, [(2010) 199 IR 363].
Printed by authority of the Commonwealth Government Printer
Gawaine Lee
Triple Zero Victoria [2026] FWC 792
"[17] It is noted that the reference in the statutory expression is to a person's "job" no longer being required to be performed. As Ryan J observed in Jones v Department of Energy and Minerals [1995] IRCA 292; (1995) 60 IR 304 a job involves "a collection of functions, duties and responsibilities entrusted, as part of the scheme of the employees' organisation, to a particular employee" (at p. 308). His Honour in that case considered a set of circumstances where an employer might rearrange the organisational structure by breaking up the collection of functions, duties and responsibilities attached to a single position and distributing them among the holders of other positions, including newly created positions. In these circumstances, it was said that:
(1995) 60 IR 304
(2010) 199 IR 363
(2014) 240 IR 130