Recent Cases

United Workers Union v Compass Group Healthcare Hospitality Services Pty Ltd [2023] FCAFC 92 (16 June 2023) (Rares, O’Sullivan and Feutrill JJ)


Catchwords:


INDUSTRIAL LAW – entitlement to redundancy pay under s 119(1)(a) of Fair Work Act 2009 (Cth) – where employer provided employees to work at employer’s clients’ sites under contracts to provide labour services to client for renewable term – where employment contracts referred to employer’s contract with client without mentioning duration – where many employees worked at sites continuously through renewals of employer’s client contracts – where employer terminated employees because client terminated employer’s contract – whether employees’ terminations “due to the ordinary and customary turnover of labour” within meaning of s 119(1)(a) – whether reasonable person in position of employer and employees would have understood or expected jobs were of permanent or ongoing nature – whether employees entitled to redundancy pay under s 119(1)(a) – Held: appeal allowed