Applications by Snowy Monaro Regional Council (Yallambee Lodge Redundancy Payments) [2024] NSWIRComm 1027

Industrial Relations Commission New South Wales Medium Neutral Citation: Applications by Snowy Monaro Regional Council (Yallambee Lodge Redundancy Payments) [2024] NSWIRComm 1027 Hearing dates: Determined on the papers Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: In matter 2024/00142884 – The Snowy Monaro Regional Council is exempt from paying severance pay in accordance with cl 43(xii) of the Local Government (State) Award 2023 to Alison Male and Teena Robinson. In matter 2024/00145189 – The Snowy Monaro Regional Council is exempt from paying severance pay in accordance with cl 43(iv)(c) of the Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021 to Caroline Lucas and Emeliha Jermyn. In matter 2024/00146796 – The Snowy Monaro Regional Council is exempt from paying retrenchment pay in accordance with cl 40(vii) of the Local Government, Aged, Disability and Home Care (State) Award to Suzanne Cook, Narissa Robinson, Teresa Jones, Kathleen Goodwin, Julie Holgate, Shusma Lamichhane, Julie Crowe, Elissana Finocchiaro, Liyu Coss, Petra Sidebottom, Geeta Phuyal, Roshani Khatiwada, Jessica Gatens, Rebecca Phelps, Troy Abbott and Oravan Frece. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Termination – applications for exemption from paying severance pay to employees on the basis of the employer having obtained acceptable alternative employment for them Legislation Cited: None Cases Cited: United FM Group Services Pty Limited trading as United KFPW v National Union of Workers, New South Wales Branch [2006] NSWIRComm 391 Texts Cited: None Category: Principal judgment Parties: In all matters: Snowy Monaro Regional Council (Applicant) In 2024/00142884: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Respondent) The Development and Environmental Professionals' Association (Respondent) The Local Government Engineers' Association of New South Wales (Respondent) In 2024/00145189: New South Wales Nurses and Midwives' Association (Respondent) Aged & Community Care Providers Association Ltd (Respondent) Unions NSW (Respondent) In 2024/00146796: Health Services Union NSW (Respondent) Aged & Community Care Providers Association Ltd (Respondent) Unions NSW (Respondent) Representation: M Lopez, Local Government NSW (Applicant) S Geddes, USU (Respondents in 2024/00142884) A Andrews, NSWNMA (Respondent in 2024/00145189) E Fry, HSU (Respondent in 2024/00146796) File Number(s): 2024/00142884, 2024/00145189 and 2024/00146796 Publication restriction: No