Document ID: chunk:federal_register_of_legislation:C2025C00150:section:389
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 389
Character Range: 1006532–1007261

389  Meaning of genuine redundancy
 (1) A person's dismissal was a case of genuine redundancy if:
 (a) the person's employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise; and
 (b) the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy.
 (2) A person's dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within:
 (a) the employer's enterprise; or
 (b) the enterprise of an associated entity of the employer.

Division 4—Remedies for unfair dismissal