Helensburgh Coal Pty Ltd v. Bartley & Ors

Lower Court Judgment

05/04/2024 Federal Court of Australia (Katzmann, Snaden and Raper JJ)

[2024] FCAFC 45

Catchwords

Industrial law – unfair dismissal – genuine redundancy – redeployment – Fair Work Act 2009 (Cth), ss 385(b), 389(2) – where s 385(d) provides applicant for unfair dismissal remedy must demonstrate dismissal not case of genuine redundancy – where s 389(2) provides no genuine redundancy if reasonable in all the circumstances to redeploy employee within employer’s enterprise – where respondent scaled back mining operations and terminated respondents’ employment – whether Full Federal Court erred in construing s389(2) as authorising Fair Work Commission to inquire into whether employer could have made alternative changes to enterprise (including by terminating other operational or staffing arrangements) so as to make position available to otherwise redundant employee – whether determination of genuine redundancy discretionary decision reviewable only for House v King error.