the Applicant v Tuggeranong Vikings Swim Club Inc
Citation: [2026] FWCFB 191
At a glance
- Employees affected
- 1
- Awards cited
- MA000236
What happened
the Applicant was the Head Coach at Tuggeranong Vikings Swim Club, earning $110,000 per annum. A new committee assessed the club’s finances and decided they could no longer afford his salary. They offered him a reduced salary of $65,000 to continue in the same role or face dismissal by redundancy. the Applicant declined and was dismissed. He initiated an unfair dismissal claim which was unsuccessful because it was found to be a genuine redundancy.
What was decided
the Full Bench granted permission to appeal the Deputy President’s decision finding genuine redundancy. The appeal was upheld, quashing the original decision and remitting the matter for re-determination. the bench considered whether the Applicant's role continued, rather than just his salary level, and found the Deputy President may have misapplied the law regarding genuine redundancy.
What it means for employers
Employers must carefully consider if a job genuinely no longer exists before claiming redundancy. Reducing an employee’s salary is not automatically a case of genuine redundancy; the role's functions and duties need to be assessed. Proper consultation with employees prior to making any decisions about redundancies is essential.
What it means for employees
Employees facing potential redundancy should carefully review any offers of redeployment, ensuring they are comparable to their previous roles and comply with relevant awards or agreements. It’s important to actively engage in consultations and seek legal advice if necessary.
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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 →