Application by O'Brien Group Australia Pty Ltd Trading AS O'Brien Group Australia
Citation: [2025] FWC 1814
What happened
O'Brien Group Australia Pty Ltd, trading as O'Brien Group, applied to the Fair Work Commission to vary a redundancy pay arrangement. The application relates to an employee who commenced new employment shortly after receiving a redundancy payment. The Commission considered previous decisions in similar cases, including *Australian Commercial Catering Pty Ltd v Powell, Marcelia & Togia, Maria* and *Application by Seaway HCO Pty Ltd T/A Seaway*.
What was decided
The Fair Work Commission has not published the full decision text. The document indicates the application concerns a variation of redundancy pay. Commissioner Mirabella heard the application. The decision number is [2025] FWC 1814 and the case number is C2024/9364.
What it means for employers
Employers should review their redundancy pay arrangements and consider the potential impact of employees quickly finding new employment after receiving a redundancy payment. The Fair Work Commission may vary redundancy pay in certain circumstances.
What it means for employees
Employees who receive a redundancy payment and then quickly find new employment should be aware that their redundancy pay may be subject to review and potential variation by the Fair Work Commission.
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https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1814.pdfWant more cases like this?
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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 →