What makes a redundancy 'genuine' under Australian law?

Section 389 of the Fair Work Act 2009 says a redundancy is genuine if three things are true: (1) the person's job is no longer required to be performed by anyone because of changes in the operational requirements of the employer's enterprise; (2) the employer has complied with any consultation obligations in a modern award or enterprise agreement; and (3) it would not have been reasonable in all the circumstances to redeploy the person within the employer's enterprise or an associated entity. If any of those is missing, the redundancy is not genuine — and a not-genuine redundancy can be the basis of an unfair-dismissal claim.

What happens if my redundancy is not genuine?

If a redundancy is not genuine, the employee may have a valid unfair-dismissal claim under Part 3-2 of the Fair Work Act. Genuine redundancy is one of the few complete defences to an unfair-dismissal claim — so if it falls away, the employer is exposed. Possible outcomes at the FWC include reinstatement (rare in practice) or compensation up to 26 weeks of the employee's remuneration.

Can I challenge the redundancy before signing the deed of release?

Yes — and this is the strongest position. A deed of release usually waives your right to bring claims (including unfair dismissal). Don't sign one until you've taken your own advice. This template's 'pre-departure' option is designed for exactly this stage: ask the employer to put the basis for the redundancy in writing, then take advice on whether to accept the package or pursue your options.

What's the time limit for challenging a redundancy at the FWC?

An unfair-dismissal application (s.394) and a general-protections application involving dismissal (s.365) both have a 21-day time limit from the date the dismissal takes effect. That clock does not pause for internal correspondence with the employer. If you're already in 'post-departure' territory, write the letter and seek advice in parallel — don't let the clock run out.

Will FairWork Mate send this letter for me?

No. We generate a PDF that you download and send yourself, under your own name. We never contact your employer on your behalf. We are not a law firm and this is not legal advice.

Genuine Redundancy Challenge Letter (Australia)

Free template letter to put the basis for a redundancy on the record before you sign anything. References s.389 Fair Work Act 2009 (operational reasons, consultation, redeployment), 21-day FWC time limit, preserves rights without waiver. Not legal advice.

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Send your details to Liquid Employment Lawyers

Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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Genuine Redundancy Challenge Letter (Australia)

The 21-day clock and what to do first

Your details

Who you're sending it to

Stage

The redundancy

Concerns to raise (tick what applies)

What to request

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