Application by Fox & Gordon Pty Ltd T/A Montessori Early Years Learning and Care Centre
Citation: [2025] FWC 1813
At a glance
- Employees affected
- 1
What happened
Fox & Gordon Pty Ltd T/A Montessori Early Years Learning and Care Centre sought to vary a redundancy pay determination. The company offered an employee an alternate casual role following a redundancy. The employee challenged whether this alternate role constituted acceptable employment for the purpose of calculating redundancy pay. The Fair Work Commission considered the loss of job security and other benefits associated with the employee’s previous permanent full-time position.
What was decided
The Fair Work Commission found the alternate casual role did not constitute acceptable employment. The Commission noted the loss of job security and other associated benefits of the employee’s previous permanent full-time employment were significant. The application to vary the redundancy pay was not successful.
What it means for employers
Employers offering alternate roles following a redundancy should carefully consider whether the new role maintains similar job security and benefits. A casual role, particularly if it represents a significant reduction in those aspects, may not be considered acceptable employment for redundancy pay purposes.
What it means for employees
Employees facing redundancy should carefully evaluate any alternate roles offered. Consider whether the new role provides comparable job security and benefits to the position being made redundant. If not, it may impact redundancy pay entitlements.
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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 →