the Applicant v Bus Stop Films Ltd
Citation: [2026] FWC 2657
At a glance
- Employees affected
- 1
What happened
the Applicant was employed as an Employment Trainer and Assessor by Bus Stop Films Ltd, a not-for-profit organisation, from September 2023 until her dismissal on February 27, 2025. The company faced financial difficulties and planned a restructure to improve sustainability. the Applicant’s role was identified for redundancy as part of this process, with duties redistributed among existing staff or a new Employment Administrator position offered at reduced hours and pay. A restructure proposal from the General Manager, her, initially suggested a different administrative role for the Applicant but was superseded by financial considerations. the Applicant challenged her dismissal as unfair.
What was decided
The Fair Work Commission (FWC) dismissed the Applicant’s application for an unfair dismissal remedy. Deputy President Bell found that the dismissal was a genuine redundancy, based on the organisation's financial position and need to reduce headcount. The FWC accepted evidence from Bus Stop Films' Chief Financial Officer, him, regarding the company's revenue shortfalls. While the Applicant raised concerns about being targeted and her access needs not being met during the consultation process, the Deputy President found no credible basis for these claims.
What it means for employers
Employers must ensure redundancy processes are genuine and driven by demonstrable financial need. Consultation with affected employees is important, but it doesn’t require incorporating every suggestion. Documenting financial circumstances and restructure decisions thoroughly is crucial to support a claim of genuine redundancy.
What it means for employees
Employees facing potential redundancies should carefully review the reasons provided for the dismissal and seek clarification on the company’s financial situation. While consultation is expected, employees should be aware that not all suggestions will necessarily be incorporated into the final decision.
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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 →