Redundancy – Questions, Tips, and Initial Advice

Redundancy – Questions, Tips, and Initial Advice

Redundancy – Questions, Tips, and Initial Advice

Summary

Redundancy occurs when a position is no longer required to be performed by anyone. Employees are entitled to consultation, notice, and redundancy pay under their Award or Enterprise Agreement. Disputes can arise over consultation, redeployment options, selection criteria, or notice entitlements.

Questions

  • When were you told your role is at risk? What has the employer said about process?
  • Meeting invitations/policies cited?
  • Single role or broader restructure; has the organiser been informed?
  • Redeployment discussed/offered; notice and redundancy pay details?

Preliminary Advice – Stages

  • Notification: Outcome should not be decided; invite to consult on alternatives.
  • Consultation: No outcome should be made but discussions should be had about the reason for the change and the potential outcomes of redeployment or redundancy pay.

Things to Remember

  • The processes of managing redundant positions vary greatly between the Federal and State system, so be sure to review the EA/Award/Policy on every occasion.
  • Redundancy in the State system is incredibly rare due to the Workforce Mobility scheme and policy provisions which allow for redeployment across NSW Government.
  • In the Federal System, you cannot be forced to accept a redeployment, but an employer can apply to the Fair Work Commission to reduce redundancy pay if they believe the employee has rejected an offer of suitable employment. 
  • Suitable employment would take everything into account including pay, work location, skills required to do the work
  • Employers will often simply state they are not paying the redundancy if they believe they have offered suitable alternative employment and this is completely unlawful. Only the Fair Work Commission can alter an employees right to redundancy pay.

Escalation/Referral

  • Industrial Officer: Disputed selection criteria, or disputes regarding redundancy pay/redeployment options.
  • Organiser: Collective restructures


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