Application by Mater Misericordiae Ltd Trading AS Mater
Citation: [2025] FWC 1396
At a glance
- Employees affected
- 1
What happened
Mater Misericordiae Ltd, trading as Mater, applied to vary redundancy pay for a former employee. The employee was offered acceptable employment after their redundancy. They rejected this offer. Mater sought to reduce the employee’s redundancy pay to zero.
What was decided
The Fair Work Commission agreed to vary the redundancy pay. The Commission found the employee rejected an acceptable offer of employment. Commissioner Simpson reduced the redundancy pay to zero. The decision states, 'I accept the submission that the offer of re-employment was acceptable.'
What it means for employers
Employers can seek to vary redundancy pay if a redundant employee rejects a suitable offer of employment. This demonstrates the importance of offering and documenting suitable alternative employment opportunities.
What it means for employees
Employees who receive a redundancy payment should be aware that rejecting a suitable job offer may result in a reduction of their redundancy pay.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/application-by-mater-misericordiae-ltd-trading-as-mater-2025-fwc-1396Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →