Redundancy redefined
In a major decision, the High Court has confirmed that, when assessing redeployment, employers need to consider whether they can make changes to how they use their workforce. Introduction In Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29, an unfair dismissal case concerning genuine redundancy and redeployment obligations, the employer contended that the Fair Work Commission is not entitled ...
In Helensburgh Coal Pty Ltd v Bartley, the High Court confirmed that employers may need to redeploy staff into work done by contractors, not just existing vacancies. Redundancies will now be subject to increased scrutiny.
In August 2025, the High Court of Australia handed down a landmark decision that reshapes how employers must approach redundancy. This blog delves into the ruling and exploring its broader implications for "reasonable redeployment.
Employees vs Contractors
As we can see from the illustration, Labor Bill Revival Explicit Zone Market Side Redeploy Action Back has many fascinating aspects to explore.
Explore the High Court's ruling on redeployment under the Fair Work Act—why employers must prioritise employees over contractors in genuine redundancy cases.
The High Court clarified FWC's broad inquiry into redeployment, impacting redundancy and unfair dismissal claims under the Fair Work Act 2009. Visit Gilbert + Tobin for more.
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