CMP Manufacturing Pty Ltd v Barbieri [2018] FCA 622

CMP Manufacturing Pty Ltd v Barbieri [2018] FCA 622

The appeal was dismissed because the additional manual duties CMP sought to impose were not reasonable changes consistent with Mr Barbieri's areas of career expertise and experience under clause 1, so they could not be lawfully incorporated into his Senior Buyer position. On the primary judge's findings, CMP no longer wanted that position to continue, making it redundant under clause 11. The proposed role including manual labour and forklift work was not an "alternative position" within clause 11 because it was qualitatively different from Mr Barbieri's existing white collar duties and was not sufficiently similar or reciprocal. CMP's notice grounds also failed because the refusal to...

Jurisdiction
Australia
Judgment Date
08 May 2018
Procedural Posture
Industrial Law Appeal From Decision of the Federal Circuit Court of Australia / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed; no order for costs was made.
Legal Topics
['redundancy Payment Under Employment Contract' 'meaning of Redundant Position' 'alternative Position Under Employment Contract' 'payment in Lieu of Notice Under Fair Work Act 2009 (cth)' 'serious Misconduct' 'appellate Review of Factual Findings']
['industrial Law' 'employment & Industrial Relations' 'contract Law'] ['redundancy Payment Under Employment Contract' 'meaning of Redundant Position' 'alternative Position Under Employment Contract' 'payment in Lieu of Notice Under Fair Work Act 2009 (cth)' 'serious Misconduct' 'appellate Review of Factual Findings']

Case Brief

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Procedural Posture

Industrial Law Appeal From Decision of the Federal Circuit Court of Australia / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the primary judge erred in finding that Mr Barbieri's position as Senior Buyer was redundant and that clause 11 of his employment contract entitled him to retrenchment pay." 'Whether Mr Barbieri\'s entitlement to retrenchment pay was excluded because CMP offered him an "alternative position" within the meaning of clause 11.' 'Whether, if Mr Barbieri was not entitled to retrenchment pay, he would have been entitled to payment in lieu of notice pursuant to s 117 of the Fair Work Act 2009 (Cth).' "Whether Mr Barbieri's refusal to perform the additional duties amounted to serious misconduct or a termination by him of his employment."]

Ratio Decidendi

The appeal was dismissed because the additional manual duties CMP sought to impose were not reasonable changes consistent with Mr Barbieri's areas of career expertise and experience under clause 1, so they could not be lawfully incorporated into his Senior Buyer position. On the primary judge's findings, CMP no longer wanted that position to continue, making it redundant under clause 11. The proposed role including manual labour and forklift work was not an "alternative position" within clause 11 because it was qualitatively different from Mr Barbieri's existing white collar duties and was not sufficiently similar or reciprocal. CMP's notice grounds also failed because the refusal to...

Court Disposition

Appeal dismissed; no order for costs was made.

Orders

  • ['The appeal is dismissed.']