Sultana & Australian Manufacturing Workers Union v Salmat Pty Ltd [1997] IRCA 280

INDUSTRIAL RELATIONS COURT OF AUSTRALIA INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - Redundancies caused by loss of major contract - employer investigated and considered possibility of alternatives and concluded there were no alternatives which would save costs - terminations a logical response to operational requirements - no adequate consultation with employees prior to decision to terminate - employees had opportunity to suggest alternatives to redundancy after advice of terminations and during period of notice - employees did not suggest alternatives - unlikely that alternatives to retrenchment existed - consultation prior to decision to terminate would not have affected decision to terminate - no practicable alternatives to termination - costs could not be reduced substantially unless permanent employees retrenched - consultation prior to decision to terminate on grounds of redundancy or after decision to terminate and before decision effective not an absolute requirement - allegation of breach of award because terminations "harsh" - not established terminations were "harsh" - not established terminations in breach of a redundancy provision in the award. Workplace Relations Act 1988 ss170DE, 170EA, 170EE Kenefick v Australian Submarine Corporation (No 1) (1995) 62 IR 107 Victoria v Commonwealth (1996) 138 ALR 120 Jones v Department of Energy and Minerals (1995) 60 IR 304 at 312. Nettlefold v Kym Smoker Limited (1996) 69 IR 37; Kerr v Jaroma Pty Ltd (1996) 70 IR 469 Thomas v Ralph Lynch trading as Bellingen Grocery (1997) 71 IR 307 Westen v Union des Assurance de Paris (IRCA, unreported, Madgwick J, 23 December 1996) Carydias v The Greek Orthodox Community (IRCA, unreported, North J, 20 February 1996) Ferry v Minister for Health (1995) 64 IR 28 Jupiters Ltd v Stephen Thirkettle and Steven McGinness (IRCA, unreported, Madgwick J, 25 July 1997)