Application by O'Brien Group Australia Pty Ltd Trading AS O'Brien Group Australia
Citation: [2025] FWC 1810
What happened
O'Brien Group Australia Pty Ltd, trading as O'Brien Group, applied to vary a redundancy pay determination. The company sought to adjust redundancy pay obligations for an employee who obtained acceptable employment. The application related to cases C2024/9364 and C2024/9403.
What was decided
The Fair Work Commission dismissed the application by O'Brien Group Australia Pty Ltd. Commissioner Mirabella C found that the company did not demonstrate sufficient grounds to vary the redundancy pay. The decision references previous cases, Australian Commercial Catering Pty Ltd v Powell, Marcelia & Togia, Maria and Application by Seaway HCO Pty Ltd T/A Seaway.
What it means for employers
Employers seeking to vary redundancy pay should ensure they have a strong basis for doing so, demonstrating that the employee has obtained acceptable employment and that paying the redundancy would create an inability to pay.
What it means for employees
Employees should be aware of their rights regarding redundancy pay and the circumstances under which an employer might attempt to vary those entitlements. This decision reinforces the need for employers to meet their obligations.
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This summary was drafted 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