High Court Sets New Genuine Redundancy Standard Awna The high court has redefined genuine redundancy in australia. learn how the landmark helensburgh coal ruling expands employer obligations for redeployment. This ruling significantly expands the criteria for a genuine redundancy in australia and increases unfair dismissal risk where contractor use continues during restructures. this article, by our employer lawyers, explains what changed and what employers must do now.
High Court Expands Employer S Genuine Redundancy Obligations Integroe The high court has clarified the scope of 'genuine redundancy' under the fair work act 2009 (cth) (fw act) in its decision in helensburgh coal pty ltd v bartley [2025] hca 29. The high court of australia has delivered a significant decision in helensburgh coal pty ltd v bartley [2025] hca 29, reshaping the legal landscape around redundancies and redeployment under the fair work act 2009 (cth) (‘fwa’). The high court has clarified the scope of 'genuine redundancy' under the fair work act 2009 (cth) (fw act) in its decision in helensburgh coal pty ltd v bartley [2025] hca 29. the decision provides important guidance on how employers must approach redundancy decisions. The high court of australia has delivered a significant decision in helensburgh coal pty ltd v bartley [2025] hca 29, reshaping the legal landscape around redundancies and redeployment.
High Court Redefines Genuine Redundancy In Australia The high court has clarified the scope of 'genuine redundancy' under the fair work act 2009 (cth) (fw act) in its decision in helensburgh coal pty ltd v bartley [2025] hca 29. the decision provides important guidance on how employers must approach redundancy decisions. The high court of australia has delivered a significant decision in helensburgh coal pty ltd v bartley [2025] hca 29, reshaping the legal landscape around redundancies and redeployment. The high court cited section 389 (2) of the fwa, which states that “ a person’s dismissal was not a case of genuine redundancy if it would have be reasonable in all the circumstances for the person to be redeployed within…the employer’s enterprise ”. This decision has an important impact on what employers must have regard to when considering reasonable redeployment options for employees whose employment would otherwise be terminated by reason of redundancy. in this article, we summarise the high court’s decision and what it means for employers. On 6 august 2025, the high court of australia delivered its long awaited judgment in helensburgh coal pty ltd v bartley. the case has become a landmark in shaping how helensburgh coal redundancy redeployment is understood under the fair work act 2009 (cth). Industrial law (cth) – unfair dismissal – genuine redundancy – where employer dismissed employees because of changes in operational requirements of employer's enterprise – where employer continued to deploy contractors to perform work in employer's enterprise – where s 389 (2) of fair work act 2009 (cth) provides dismissal not genuine.
Comments are closed.