[2025] FWC 2879
Citation: [2025] FWC 2879
What happened
the Applicant was dismissed from Inspired Building Pty Ltd on 20 May 2025. He claims unfair dismissal and sought a remedy under the Fair Work Act. Inspired Building, a construction business, informed employees it would enter liquidation, and he was told his position was redundant. He was on leave in Fiji when notified. The company is currently delayed in liquidation proceedings. the Applicant alleges other redundant employees now work for a related company directed by the Respondent’s director, her partner. the Respondent was represented by its director.
What was decided
The Fair Work Commission found the Applicant was unfairly dismissed. The Commission determined Inspired Building’s decision to make the Applicant’s position redundant was based on operational requirements due to the company’s insolvency. While the company didn't comply with consultation requirements under the Construction Building and Construction Award, the Commission considered the High Court’s decision in Helensburgh Coal Pty Ltd v Bartley & Ors. Compensation was ordered, but the amount is not specified in the provided text.
What it means for employers
Employers must ensure they genuinely consult with employees before making decisions that lead to redundancies, as required by modern awards. Even decisions driven by financial necessity require careful consideration of consultation obligations. Failing to comply with consultation requirements can lead to a finding of unfair dismissal.
What it means for employees
Employees facing redundancy should be aware of their rights regarding consultation and information sharing. If an employer fails to consult properly, it may be grounds for an unfair dismissal claim. Employees should also be aware of the Fair Entitlements Guarantee scheme if an employer enters liquidation.
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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 →