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Judgment date
Case number
M311/2003
M312/2003
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords
Industrial law (Cth) – Certified agreement - Corporate demerger - Business transferred to subsidiary and employees immediately re-employed on same terms and conditions - Change in identity of employer though no change in duties of employees - Whether positions in a business had become redundant and employees had been retrenched - Whether employees entitled to redundancy payments under the agreement - Relevance of termination and succession provisions of the Workplace Relations Act 1996 (Cth).
Words and phrases – "position", "business", "position in a business", "redundant", "retrench".
Workplace Relations Act 1996 (Cth) – Pts VIA, VIB, ss 149(1)(d), 170MB, 170MD.