Application by Ventia Pty Limited Trading AS Ventia
Citation: [2026] FWC 2392
At a glance
- Employees affected
- 1500
What happened
Ventia Pty Ltd, a company managing defence facilities in Western Australia, commenced a redundancy process affecting approximately 1500 employees in October 2025. the Applicant, an electrician who was promoted to Project Supervisor, faced redundancy on January 31, 2026. Ventia then applied to the Fair Work Commission (FWC) seeking to reduce the Applicant’s redundancy pay from $46,153.80 to zero, arguing he had been offered acceptable alternative employment as a Project Manager at the Australian Marine Complex – Common User Facility (AMC). Previously, the Applicant rejected an offer of a technical supervisor role with the same base salary but increased responsibilities.
What was decided
The Fair Work Commission considered whether the Project Manager position at AMC constituted 'other acceptable employment' under section 120 of the Fair Work Act. The FWC applied objective criteria, considering factors like pay, hours, location, seniority, and skills. While acknowledging the Applicant lacked formal project management qualifications, the Commissioner found Ventia’s evidence demonstrated a sufficient correlation between his existing skills and the requirements of the new role, particularly given Ventia's intention to upskill him. The application was successful, reducing the Applicant’s redundancy pay to nil.
What it means for employers
Employers seeking to reduce redundancy payments by offering alternative employment must demonstrate that the position is objectively 'acceptable'. This requires considering a range of factors beyond mere capability and does not necessitate offering an ideal role. Evidence from relevant personnel regarding suitability and upskilling potential can be crucial, as demonstrated in this case.
What it means for employees
Employees facing redundancy should carefully evaluate any alternative employment offered by their employer. While accepting such a position may reduce redundancy pay, it's important to consider the terms and conditions of the new role and whether it aligns with your career goals and skills. The FWC will assess the offer objectively.
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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 →