CMP Manufacturing Pty Ltd v Barbieri [2018] FCA 622

FEDERAL COURT OF AUSTRALIA

CMP Manufacturing Pty Ltd v Barbieri [2018] FCA 622 Appeal from: Barbieri v CMP Controls Pty Ltd [2017] FCCA 784

File number: VID 515 of 2017

Judge: BROMBERG J

Date of judgment: 8 May 2018

Catchwords: INDUSTRIAL LAW – appeal from decision of the Federal Circuit Court of Australia – whether the primary judge erred in finding that the respondent was entitled to a redundancy payment under the terms of the employment contract – whether the respondent's position was no longer required to be performed and the respondent was entitled to a redundancy payment under the terms of the employment contract – whether the entitlement to a redundancy payment was excluded because the respondent was offered an "alternative position" under the terms of the employment contract – whether in the alternative, if the respondent was not entitled to a redundancy payment under the terms of the employment contract, whether the respondent was entitled to payment in lieu of notice pursuant to s 117 of the Fair Work Act 2009 (Cth) - appeal dismissed Legislation: Fair Work Act 2009 (Cth) ss 117, 123(1)(b)

Cases cited: Amcor Ltd v Construction Forestry Mining and Energy Union (2005) 222 CLR 241 Amcor Ltd v Construction Forestry Mining and Energy Union (2005) 222 CLR 241 Australian Commercial Catering Pty Ltd v Fair Work Commission [2015] FCAFC 189 Choppair Helicopters Pty Ltd v Bobridge [2018] FCA 325 Fox v Percy (2003) 214 CLR 118 Jones v Department of Energy and Minerals (1995) 60 IR 304 R v Industrial Commission of SA; ex parte Adelaide Milk Cooperative Ltd (1977) 16 SASR 6 R v Industrial Commission of SA; ex parte Adelaide Milk Cooperative Ltd (1977) 16 SASR 6 Singh v Minister for Immigration and Border Protection [2018] FCAFC 52 Termination Change and Redundancy Case (1984) 8 IR 34