Redundancy and retrenchment

All Topics

• What are redundancy and retrenchment?

  When a position becomes redundant, you may need to terminate the employment of the employee in that role, i.e. retrench them.
  May 01, 2018

• When is a redundancy genuine?

  For a redundancy to be genuine, it must meet the requirements set out in the Fair Work Act 2009 (Cth).
  May 01, 2018

• Redundancy due to operational changes

  A redundancy can occur due to operational requirements of the business.
  May 01, 2018

• Complying with consultation requirements

  For a redundancy to be genuine, you must comply with any provisions that provide for consultation.
  May 01, 2018

• What if the role is still required?

  You cannot use redundancy as an excuse to get rid of an underperforming employee.
  May 01, 2018

• Consultation under modern awards

  If you are a national system employer covered by a modern award, you are required to consult with affected employees (and their representatives) about business decisions that might lead to redundancies.
  May 01, 2018

• Consultation under enterprise agreements

  An enterprise agreement must include a term that requires you to consult employees about major workplace changes that are likely to significantly affect them.
  May 01, 2018

• Redeployment

  You have an obligation to consider redeployment options for an employee in a redundant role.
  May 01, 2018

• How to meet your consultation obligations

  There are two key things you must do to meet your consultation obligations in relation to redundancies.
  May 01, 2018

• Checklist: How to determine if redeployment is reasonable

  There are a number of things you should consider when determining whether redeployment is reasonable.
  May 01, 2018

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