The Case

Frederick Deon Du Preez v MSWA Limited (2024)

MSWA Limited (MSWA) employed Mr Du Preez as a Finance Data Analyst. Mr Du Preez was retrenched when MSWA implemented structural changes within the business. Mr Du Preez commenced unfair dismissal proceedings with the Fair Work Commission (FWC) on the basis the redundancy was not genuine because MSWA had failed to follow the consultation obligations in MSWA’s Enterprise Agreement.

MSWA objected to Mr Du Preez’s unfair dismissal application on jurisdictional grounds, arguing that the employment termination was a genuine redundancy.