Transport Workers’ Union of New South Wales v Post Logistics Australasia Pty Limited
At first instance and appeal.
The lessons to be taken from this series of proceedings are:
1 Obtaining alternative work for a redundant contract carrier does not necessarily mean that such work will be regarded as “acceptable alternative work” for the purposes of the Redundancy Determination.
2 Even where the alternative work is found to be “acceptable alternative work”, the Commission will still exercise its discretion in determining how much, if any, redundancy pay the contract carrier is entitled to receive.
3 Without taking a nitpicking approach, the NSW Industrial Relations Commission will look at any significant differences in the terms and conditions being offered, compared to those previously enjoyed, in determining how much, if any, redundancy pay the contract carrier should receive.