Recording - Restructures and reasonable redeployment - getting it right

Businesses must continually adapt to stay competitive, efficient and sustainable. Sometimes this means making roles redundant and ending employment.

However, if the redundancy process is not managed correctly, employers risk industrial disputes, unfair dismissal claims and costly proceedings under the Fair Work Act 2009 (Cth). Where a redundancy is found not to be genuine, the Fair Work Commission may order reinstatement, including redeployment into another role.

In light of the High Court of Australia’s decision in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29, we explore what businesses now need to do to establish a genuine redundancy. In particular, we focus on the redeployment obligations that arise when outsourcing work or engaging external providers. Employers must look beyond vacancy lists and carefully assess whether redeployment is reasonable in all the circumstances.

Watch this seminar to gain practical insights into what constitutes a genuine redundancy in Australia, and how to reduce the risks of unfair dismissal claims.

Presenter

James Mattson - Partner, Workplace Law & Culture