Enterprise Agreement Redundancy

JFM experienced a sharp decline in operations last year when it did not renew contracts with gold Coast City Council. On November 11, 2019, JFM issued a notice of termination to its employees, indicating to employees that they could be dismissed five weeks after the termination date. The FWC has confirmed that its powers under Section 120 of the FW Law on the Reduction of a Right to Dismissal are limited to workers whose rights to dismissal are acquired under Section 119 of the FW Act. Many awards simply provide that the redundancy provisions in the award reflect the provisions of national employment standards (i.e. the section 123 section s119 to s123 provisions) and that, in cases where the right to severance pay is made up of the FW Act, a request to reduce severance pay under Section 120 would still be valid. If the dismissal of an employee is a real dismissal, the worker cannot assert a right of wrongful dismissal. While redundancy sector schemes are relatively rare for bonuses, given the number of layoffs that occur in the current context and the difficulties some employers may face in financing severance pay, it is important, before laying off, that employers check whether the worker is covered by an arbitration or enterprise agreement and, if so, whether this supplement or agreement includes a sectoral redundancy program. If this is the case, employers cannot ask the FWC to reduce severance pay in these situations. 49.1 If it appears to the Vice-Chancellor or candidate: Whether the persistence or alteration of the circumstances, including changes in working methods, restructuring, financial nature and/or the introduction of new technologies, may exceed needs, the vice-chancellor or candidate advises the officer or, if the person chooses a representative, as soon as possible, and gives the officer the opportunity to react and make recommendations in order to avoid dismissal and/or mitigate the effects of dismissal. In the event of an appropriate alternative employment, the agent will be offered a redeployment to this position, in which case (subject to the application of point 49.4 by the university), this clause will no longer apply. 45.20 At the request of an agent dismissed by dismissal or reduction, the university sends a letter certifying that it has filled a position considered to be supernumerary. The Commission can deal with a dispute over these new provisions in a number of ways, including mediation, conciliation and arbitration, with the power to implement, cancel and replace the instructions given by the new provisions.

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