His role also didn’t match clerical positions, as “the role definition and indicative tasks of the clerical and administrative employee level 5, the highest classification in the clerical and administrative stream, makes no reference [to] the principal role and task of the [worker], which was a sales function.”
The FWC also found his work didn’t fit customer contact roles, noting “the classifications in the customer contact stream are referrable to roles in a call centre environment. The [worker] did not work in a call centre.”
Even assuming the award applied, the FWC analysed whether consultation requirements were satisfied. The award requires employers to give notice of changes, discuss effects with employees, provide relevant information, and promptly consider matters raised by workers.
The FWC found these obligations were met through the January conference calls, email communications about the business sale, and the employer’s responses to the worker’s concerns.
FWC examines legal test for redundancy
Under section 389 of the Fair Work Act 2009, genuine redundancy requires that the employer no longer needs the job performed due to operational changes, consultation obligations are met where applicable, and reasonable redeployment isn’t available within the employer’s enterprise or associated entities.