Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45

Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45

Section 389(2) of the Fair Work Act 2009 (Cth) permits the Fair Work Commission to consider, when assessing 'genuine redundancy,' whether redeployment would have been reasonable in all the circumstances, including the possibility of redeploying employees to roles currently occupied by contractors, if reducing reliance on external providers could, reasonably, create such opportunities. The Full Bench did not commit jurisdictional error in its approach to these issues or in its application of the appellate standard under s 604.

Jurisdiction
Australia
Judgment Date
05 April 2024
Procedural Posture
Judicial Review / Final Judgment; Application Dismissed
Outcome
Originating application for judicial review dismissed; no order as to costs under s 570 of the Fair Work Act.
Legal Topics
['judicial Review of Fair Work Commission Decision' 'unfair Dismissal' 'genuine Redundancy' 'redeployment' 'operational Requirements' 'appellate Standard in Fair Work Commission Appeals']
['industrial Law' 'employment Law'] ['judicial Review of Fair Work Commission Decision' 'unfair Dismissal' 'genuine Redundancy' 'redeployment' 'operational Requirements' 'appellate Standard in Fair Work Commission Appeals']

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Procedural Posture

Judicial Review / Final Judgment; Application Dismissed

Legal Issues

  1. 1 ["Whether s 389(2) of the Fair Work Act 2009 (Cth) authorises consideration of redeployment to roles already filled by contractors' employees" "Whether the Full Bench of the Fair Work Commission misapplied the test for 'genuine redundancy'" 'Whether the appellate approach of the Full Bench was correct under s 604 of the Fair Work Act 2009 (Cth)']

Ratio Decidendi

Section 389(2) of the Fair Work Act 2009 (Cth) permits the Fair Work Commission to consider, when assessing 'genuine redundancy,' whether redeployment would have been reasonable in all the circumstances, including the possibility of redeploying employees to roles currently occupied by contractors, if reducing reliance on external providers could, reasonably, create such opportunities. The Full Bench did not commit jurisdictional error in its approach to these issues or in its application of the appellate standard under s 604.

Court Disposition

Originating application for judicial review dismissed; no order as to costs under s 570 of the Fair Work Act.

Orders

  • ['The originating application of 18 November 2022 be dismissed.']