Laing O’Rourke Australia Construction Pty Ltd v Taggart [2016] NSWCATAD 39

Laing O’Rourke Australia Construction Pty Ltd v Taggart [2016] NSWCATAD 39

The Tribunal found that the redundancies made on 30 January 2015 and 2 February 2015 were justified by reduced work, that the appellant no longer required the respondent's job to be performed by anyone because of operational changes, that it was not satisfied the enterprise agreement consultation obligations had not been complied with, and that redeployment was not reasonable. It also accepted that there was not currently or foreseeably sufficient work for the appellant to employ and train the respondent full-time as required by the apprenticeship agreement. The decision under review was therefore set aside and the requirement for the respondent's consent to cancellation was waived.

Jurisdiction
Australia
Judgment Date
01 March 2016
Procedural Posture
Administrative Appeal Concerning Cancellation of an Apprenticeship / Appeal From Decisions of the Vocational Training Review Panel Dismissing the Appellant's Complaint Under S 39(3) of the Apprenticeship and Traineeship Act 2001 and a Related Suspension Complaint
Outcome
Decision under review set aside; requirement for respondent's consent to cancellation of the apprenticeship waived.
Legal Topics
['apprenticeship Cancellation' 'waiver of Apprentice Consent' 'redundancy' 'genuine Redundancy' 'consultation Under Enterprise Agreement' 'redeployment']
['vocational Training' 'administrative Law' 'employment Law'] ['apprenticeship Cancellation' 'waiver of Apprentice Consent' 'redundancy' 'genuine Redundancy' 'consultation Under Enterprise Agreement' 'redeployment']

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Procedural Posture

Administrative Appeal Concerning Cancellation of an Apprenticeship / Appeal From Decisions of the Vocational Training Review Panel Dismissing the Appellant's Complaint Under S 39(3) of the Apprenticeship and Traineeship Act 2001 and a Related Suspension Complaint

Legal Issues

  1. 1 ["Whether the respondent's redundancy was a true redundancy or a sham" "Whether the circumstances supported waiving the requirement for the respondent's consent to cancellation of the apprenticeship agreement" 'Whether the redundancy was a genuine redundancy within the meaning of the Fair Work Act 2009 (Cth)' 'Whether the appellant complied with consultation obligations and whether redeployment was reasonable']

Ratio Decidendi

The Tribunal found that the redundancies made on 30 January 2015 and 2 February 2015 were justified by reduced work, that the appellant no longer required the respondent's job to be performed by anyone because of operational changes, that it was not satisfied the enterprise agreement consultation obligations had not been complied with, and that redeployment was not reasonable. It also accepted that there was not currently or foreseeably sufficient work for the appellant to employ and train the respondent full-time as required by the apprenticeship agreement. The decision under review was therefore set aside and the requirement for the respondent's consent to cancellation was waived.

Court Disposition

Decision under review set aside; requirement for respondent's consent to cancellation of the apprenticeship waived.

Orders

  • ['The decision under review is set aside.' "The direction is made that the requirement for the respondent's consent to the cancellation of the apprenticeship referred to in s 39(3) of the Apprenticeship and Traineeship Act 2001 be waived."]