Federal Court of Australia
Federal Court of Australia
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Delta FM Australia Pty Ltd [2021] FCAFC 107 Appeal from: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Delta FM Australia Pty Ltd [2020] FCCA 2939
File number: WAD 268 of 2020
Judgment of: RARES, O'CALLAGHAN AND WHEELAHAN JJ
Date of judgment: 18 June 2021
Catchwords: INDUSTRIAL LAW – entitlement to redundancy pay – whether dismissal of three employees was "due to the ordinary and customary turnover of labour" within the meaning of s 119(1)(a) of the Fair Work Act 2009 (Cth)
Legislation: Fair Work Act 2009 (Cth) ss 119(1), 119(1)(a)
Cases cited: Berkeley Challenge Pty Ltd v United Voice (2020) 279 FCR 249 Compass Group (Australia) Pty Ltd v National Union of Workers [2015] FWCFB 8040; 253 IR 32 Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9 Lee v Lee (2019) 266 CLR 129 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 50
Date of hearing: 6 May 2021
Counsel for the Appellant: Mr M Gibian SC with Mr P Boncardo
Solicitor for the Appellant: Ms C Taylor of the CEPU - Electrical Trades Union Australia
Counsel for the Respondent: Mr IM Neil SC with Ms H Millar
Solicitor for the Respondent: Herbert Smith Freehills
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