the Applicant v JBS Australia Pty Limited Trading AS D.R. Johnston Group
Citation: [2026] FWCFB 181
At a glance
- Employees affected
- 1
What happened
the Applicant appealed a Fair Work Commission decision regarding his redundancy pay. His employer, JBS Australia Pty Ltd (JBS), made his finance business partner position redundant and offered him an alternative role as a business analyst. The initial commissioner reduced the Applicant’s redundancy entitlement to nil, finding the new role was acceptable employment. the Applicant declined the offer and his employment ended.
What was decided
The Fair Work Commission Full Bench refused the Applicant permission to appeal the earlier decision. The bench found that the Applicant did not present an arguable case of appealable error. They noted the commissioner considered various factors when determining acceptable alternative employment, and the Applicant’s disagreement with the weight given to those factors was insufficient grounds for appeal. The bench also stated there were no public interest reasons to grant permission.
What it means for employers
Employers seeking to reduce redundancy pay by offering alternative employment should ensure a thorough assessment of the new role's suitability, considering all relevant factors beyond just skills and salary. Documenting this assessment is crucial. Offering an acceptable position does not automatically guarantee a reduction in redundancy entitlements; the Commission retains discretion.
What it means for employees
Employees facing redundancy offered alternative roles should carefully consider whether the proposed position constitutes acceptable employment, taking into account job security, responsibilities, and potential detriments. Disagreement with a commissioner's assessment of an alternative role is unlikely to be grounds for appeal unless there’s clear error.
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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 →