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$41,250 worth of penalties for failure to consult on material change

The Federal Circuit Court (Court) has handed down $41,250 of penalties to an employer for breaching its obligation to genuinely consult on business changes that resulted in redundancies.

What happened?

The breaches arose from the employer’s implementation of a new system of work that resulted in 30 positions being made redundant.  The employer held discussions with affected workers, but those discussions did not satisfy the employer’s consultation obligations under the terms of the relevant industrial instrument, because it was found that the redundancies were a foregone conclusion by the time that the relevant ‘consultation’ occurred. More…