The Fair Work Commission has yesterday rejected a bid by Hobsons Bay City Council to avoid paying redundancy entitlements to five Home Support employees who did not agree to transfer their employment to a private provider.
The Council made an application to the Fair Work Commission seeking to vary the Hobsons Bay City Council Enterprise Agreement 2016 – 2019 to remove what it said was ambiguity or uncertainty.
If Council had been successful; they would have stripped out entitlement to redundancy packages for any worker whose job went via privatisation.
The Fair Work Commission dismissed the Council’s application finding that that the Agreement was not ambiguous or uncertain. The Commission also found that employees were entitled to redundancy pay even when they elected not to transfer their employment.
The ASU still has a claim for redundancy pay for these employees on foot in the Federal Court of Australia.
While Council lost this time, it proves that your conditions are always under threat from employers.
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