Federal Court of Australia
Federal Court of Australia
Jermiin v Commonwealth Scientific and Industrial Research Organisation [2021] FCA 1043 Appeal from: Jermiin v Commonwealth Scientific and Industrial Research Organisation [2021] FCCA 549
File number(s): ACD 24 of 2021
Judgment of: RARES J
Date of judgment: 19 August 2021
Catchwords: INDUSTRIAL LAW – where employer had 'headhunted' highly skilled senior employee – where employer later implemented new business strategy requiring organisational restructure – where restructure made employee's job redundant – where enterprise agreement required employee's line manager to determine if no ongoing need for employee's skills and if so to advise employee that he or she potentially redundant – whether employer could require employee to have additional skills not previously required – held: both employment contract and enterprise agreement permitted employer to engage in a structural reorganisation that could cause employee's job to become redundant – employer had correctly applied process for termination identified in enterprise agreement – appeal dismissed.
Legislation: Fair Work Act 2009 (Cth)
Cases cited: Concut Pty Ltd v Worrell (2000) 176 ALR 693 Hodgson v Amcor Limited (2012) 264 FLR 1 Kucks v CSR Ltd (1996) 66 IR 182 Lee v Lee (2019) 266 CLR 128 R v Industrial Commission of South Australia; Ex parte Adelaide Milk Supply Cooperative (1977) 16 SASR 6 UGL Rail Services Pty ltd v Janik (2014) 246 IR 320
Division: Fair Work Division
Registry: Australian Capital Territory
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