The proposition for casual employment was asked if a position is available after redundancy, I have had no confirmation a position is available. When I originally requested the reason for not receiving my entitled redundancy pay, I was informed it was due to being a small business, which was not the fact as the business had more employees than the max amount amount to be able to claim for small business for redundancy.

I only became aware that the form states refusal of offered other employment, when receiving the aforementioned application, I have included a screen grab of the new owners confirmation of no guaranteed employment at the red rooster Innaloo store."

• [14] In his initial submissions, Mr Stevens submitted:[3]

I have not received nor seen nor signed any documents stating reliable acceptable employment had been found

The store stated was owned by applicant and was being sold 2 weeks afterwards where my employment was not guaranteed after the sale, I had reached out to the new purchaser to confirm acceptable employment which he could not confirm

Applicant had mentioned a possible transfer to the Innaloo store but had informed me that the store would be sold and my employment and my role would be made redundant as the new owner would be coming as a owner/operator eliminating my position

I have included a screenshot with communication to the current purchaser/ owner/operator Scott, that my role of restaurant manager was not guaranteed or acceptable employment"

• [15] Further in his final submissions, the Mr Stevens submitted:[4]

On first notice of redundancy, I studied the fairwork factsheet to understand my rights. There by the following meeting, I knew the. Requirements

1. If a acceptable position was was being offered I would have accepted, I was informed 4 stores were being sold and the new owners would be coming in as owner/operators, and that it is a condition of red rooster, making my role redundant, Innaloo was briefly mentioned as a part-time shift supervisor role, which is not acceptable employment and was suggested by applicant that it probably be a traveling issue,

2. I believe if a genuine offer was made, it should have been documented and signed by both parties in understanding and recorded.

3. When receiving my final payment, I questioned the applicant where I had not received the redundancy owed. The applicant informed me that he was advised that it was a small business which i then I responded that it does not full under small business for redundancy. No mention of turning down a position which the applicant would have known due to the previous meetings. At no time was it stated, and i only became aware after applicant sent Application through

4. All four store were sold in the same month, and the new owner/operator of the Innaloo store had worked along applicant for several months, and it was well aware that he was purchasing the store, I reached out to new owner/ operator before I was made redundant to see if there was a position available, which there wasn't. I have been told that, new owners did not want to take on my length of service, as it would with extensive costs, which would further accumulate."

• [16] There are two elements to 120(1)(b), I must first be satisfied that the position in question was obtained by the Applicant. The second element is determining whether the position obtained was acceptable. If the position is found to be obtained and acceptable, I must then consider whether to reduce the amount owing to the Respondent.[5]

[17] Other than the statement of Mr Brent Green, Newview has not provided any material evidence in support of the contention that alternative employment was obtained for Mr Stevens.

[18] By contrast, Mr Stevens has provided evidence of his conversation with Mr Scott, the new owner of the Innaloo Store, which clearly indicates that he was not offered a role at the store. No evidence to the contrary has been produced. In those circumstances, I prefer Mr Steven's evidence.

[19] I do not consider the simple suggestion by Newview that there may be an undefined role, in a store that had been sold to Mr Scott could reasonably be considered "obtaining alternate employment". In this case, I am not satisfied that Newview obtained alternative employment for Mr Stevens.

• [20] Further, there is no evidence before me that the Applicant acted uncooperatively or failed to engage in a meaningful way with the employer regarding any objectively reasonable offers.[6]

[21] Given that no alternative employment was obtained for Mr Stevens, it is unnecessary to determine whether any such employment would have been acceptable. In the absence of alternative employment, this question does not arise.

[22] Notwithstanding the above, for completeness, even if I accepted that Newview had obtained alternative employment for Mr Stevens, which I have not, it is clear that the positions referred to by Newview were not acceptable to him. The Innaloo role was suggested to Mr Stevens with the knowledge that the store was being sold. It was Mr Stevens who took the initiative to contact the new owner, who confirmed there was no guarantee of a role after the sale. The other roles mentioned were casual, or otherwise not acceptable to Mr Stevens. In those circumstances, I would not have found any such role to have been acceptable alternative employment.

[23] I have found that Newview did not obtain acceptable alternative employment for Mr Stevens within the meaning of section 120(1)(b)(i) of the Act.

[24] As the requirements of section 120(1) have not been met, it is not open to me to consider any reduction in Mr Stevens's redundancy entitlement.

[25] The application is dismissed. I order accordingly.

[26] It follows that the Redundancy amount must be paid in accordance with the requirement to do so in s.119 of the FWA.

[1] P.37-40 of the DCB - Email from Chambers to Mr David Thompson dated 23 December 2025.

[2] P.10 of the DCB - Email to Chambers from Mr David Thompson dated 31 December 2025.

[3] P.29 of the DCB - Applicant's Initial Submissions.

[4] P.37 of the DCB - Applicant's Final Submissions.

[5] Kelly Group (Administration) Pty Ltd [2023] FWC 2650.

[6] [2016] FWC 461 [184].

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