Applications by Kiama Municipal Council (Blue Haven Bonaira Aged Care Facility Redundancy Payments) [2025] NSWIRComm 1006

Applications by Kiama Municipal Council (Blue Haven Bonaira Aged Care Facility Redundancy Payments) [2025] NSWIRComm 1006

The Council obtained acceptable alternative employment for the affected employees, with no disadvantage in pay or conditions, and did so with the consent of the unions. On the evidence presented, and having regard to the relevant legal principles, exemption from payment of severance/redundancy pay is appropriate.

Parties
Applicant: Kiama Municipal Council; First Respondent: New South Wales Nurses and Midwives' Association; Second Respondent: Unions NSW; Third Respondent: Aged & Community Care Providers Association Ltd; First Respondent: Health Services Union NSW; First Respondent: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union; Second Respondent: The Development and Environmental Professionals' Association; Third Respondent: The Local Government Engineers' Association of New South Wales
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Application for Exemption From Severance/redundancy Pay / Final Decision and Orders
Outcome
Application granted
Legal Topics
Awards and Enterprise Agreements, Termination of Employment, Severance and Redundancy Pay, Exemption From Severance Pay
Employment and Industrial Law Awards and Enterprise Agreements Termination of Employment Severance and Redundancy Pay Exemption From Severance Pay

Case Brief

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Parties

Kiama Municipal Council

Applicant

New South Wales Nurses and Midwives' Association

First Respondent

Unions NSW

Second Respondent

Aged & Community Care Providers Association Ltd

Third Respondent

Health Services Union NSW

First Respondent

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union

First Respondent

The Development and Environmental Professionals' Association

Second Respondent

The Local Government Engineers' Association of New South Wales

Third Respondent

Procedural Posture

Application for Exemption From Severance/redundancy Pay / Final Decision and Orders

Legal Issues

  1. 1 Whether Kiama Municipal Council should be exempt from paying severance/redundancy pay to employees under relevant Awards due to obtaining acceptable alternative employment

Ratio Decidendi

The Council obtained acceptable alternative employment for the affected employees, with no disadvantage in pay or conditions, and did so with the consent of the unions. On the evidence presented, and having regard to the relevant legal principles, exemption from payment of severance/redundancy pay is appropriate.

Court Disposition

Application granted

Orders

  • Kiama Municipal Council is exempt from paying severance pay in accordance with cl 43(iv)(c) of the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 to the persons named in Annexure 1.
  • Kiama Municipal Council is exempt from paying retrenchment pay in accordance with cl 40(vii) of the Local Government, Aged, Disability and Home Care (State) Award to the persons named in Annexure 2.