✅ National System Employers; and
✅ Victoria: Public Sector Employers.
❌ Public Sector Employers in all States and Territories except Western Australia; and
❌ Western Australia: Partnerships, sole traders and all non-incorporated entities.
If you comply with the requirements in the toolkit and where otherwise required under the Fair Work Act, a Modern Award, or an Enterprise Agreement, you will be able to defend your business against claims or suggestions that the redundancy was not genuine, an unfair dismissal or was a dismissal for unlawful reasons.
As the redundancy procedures are initiated, the employer must consider whether redeployment to alternative roles within the organisation are available. However, it is imperative that the consultation meeting proceeds as scheduled. Should redeployment be a viable option, it should be discussed and offered to employees, who may then accept or reject the opportunity. For further information on redeployment, please refer to Step 6 of the wizard.