An employer can defend an unfair dismissal claim made by a national system employee under the Fair Work Act 2009 (Cth) by arguing that the dismissal was a genuine redundancy. A dismissal will only be considered a genuine redundancy if:
• the dismissal occurred because the employer no longer required the employee’s specific role to be performed by anyone, because of changes in the operational requirements of the organisation; AND
• the employer followed any obligations in a modern award or enterprise agreement to consult with the employee about the upcoming redundancy; AND
• it wasn’t reasonable to find the employee another job in the organisation or an associated entity of the organisation.
Genuine redundancy is defined in section 389 of the Fair Work Act 2009 (Cth).