Fair Work Act 2009

s.120 - Redundancy pay

The Trustee For Airport Pharmacy Group Unit Trust 2 t/as Airport Express Pharmacy

• [1] The Trustee For Airport Pharmacy Group Unit Trust 2 t/as Airport Express Pharmacy (AE Pharmacy) employed Ms Dao Xuan Duong from 17 May 2022 to 28 July 2025. Due to store closures at Sydney Airport's Domestic Terminal, Ms Duong was notified of her redundancy on 27 June 2025.

• [2] It is not in dispute that Ms Duong is entitled to an amount equivalent to 7 weeks' redundancy pay following the termination of her employment.[1] AE Pharmacy has applied to the Commission under s.120 of the Fair Work Act 2009 (Cth) (the Act) to reduce this entitlement to an unspecified amount on the basis that it obtained other acceptable employment for Ms Duong and she did not accept the offer of redeployment.

• [3] The offer of employment made to Ms Duong was on equivalent terms and conditions of employment at a nearby location (Sydney International Terminal) but came with new heavy lifting requirements. These were described by AE Pharmacy as essential tasks that could not only be carried out by other team members. No adjustments were offered to accommodate Ms Duong's condition in the new role. Ms Duong did not accept the offer because she was unable to perform the heavy lifting aspects of the role due to a known medical condition.

• [4] At the hearing today, I dismissed the application and said that I would publish my reasons. Those are simply that I do not consider the offer of alternative employment made to Ms Duong to have been 'other acceptable employment' in the circumstances. Ms Duong could not have completed her duties in the new role to the satisfaction of the employer without placing her health and safety at risk, including because no reasonable adjustments were offered to Ms Duong to allow her to perform those duties safely.

• [5] The application is determined accordingly.

[1] Fair Work Act 2009 (Cth), s.119

Printed by authority of the Commonwealth Government Printer