Helensburgh Coal Pty Ltd v BartleyCitation:[2025] HCA 29Before:Gageler CJ, Gordon, Edelman, Steward, Beech-Jones JJDate:06 Aug 2025Case Number:S119/2024Read more

Helensburgh Coal Pty Ltd v BartleyCitation:[2025] HCA 29Before:Gageler CJ, Gordon, Edelman, Steward, Beech-Jones JJDate:06 Aug 2025Case Number:S119/2024Read more

The Court held that the Fair Work Commission is permitted to inquire into whether the employer could have made changes to its enterprise to create or make available a position for an otherwise redundant employee when considering redeployment under s 389(2) of the Fair Work Act. The Court also determined that the House v The King standard of appellate review is appropriate for decisions under s 389, and application of the wrong standard constitutes jurisdictional error.

Parties
Applicant: Helensburgh Coal Pty Ltd; Respondent: Bartley
Jurisdiction
Australia
Judgment Date
06 August 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Genuine Redundancy, Standard of Appellate Review, Jurisdictional Error
Industrial Law Unfair Dismissal Genuine Redundancy Standard of Appellate Review Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

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Parties

Helensburgh Coal Pty Ltd

Applicant

Bartley

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether dismissal was a case of genuine redundancy under s 389 of Fair Work Act 2009 (Cth)
  2. 2 Whether it would have been reasonable in all circumstances for the employee to be redeployed within the employer's enterprise
  3. 3 Whether the Fair Work Commission can inquire into whether the employer could have made changes to its enterprise to create or make available a position for the otherwise redundant employee

Ratio Decidendi

The Court held that the Fair Work Commission is permitted to inquire into whether the employer could have made changes to its enterprise to create or make available a position for an otherwise redundant employee when considering redeployment under s 389(2) of the Fair Work Act. The Court also determined that the House v The King standard of appellate review is appropriate for decisions under s 389, and application of the wrong standard constitutes jurisdictional error.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Costs awarded to the respondent.