Applications by Kiama Municipal Council (Blue Haven Bonaira Aged Care Facility Redundancy Payments) [2025] NSWIRComm 1006

Industrial Relations Commission New South Wales Medium Neutral Citation: Applications by Kiama Municipal Council (Blue Haven Bonaira Aged Care Facility Redundancy Payments) [2025] NSWIRComm 1006 Hearing dates: 24 February 2025 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Industrial Relations Commission Before: Senior Commissioner Constant Decision: (1) In matter 2025/59613 - Kiama Municipal 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 the persons named in Annexure 1. (2) In matter 2025/59639 - The Kiama Municipal 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 the persons named in Annexure 2. (3) In matter 2025/59652 - The Kiama Municipal Council is exempt from paying severance pay in accordance with cl 43(xii) of the Local Government (State) Award 2023 to the persons named in Annexure 3. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Termination – exemption from paying severance pay to employees on the basis of the employer having obtained acceptable alternative employment Legislation Cited: Industrial Relations Act 1996, s 10 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: Nil Category: Principal judgment Parties: In all matters: Kiama Municipal Council (Applicant)