Under Commonwealth workplace relations law, a termination is not a genuine redundancy if:
- the operational requirements of the business have not changed and the employer still needs the employee’s job to be done by someone; and
- the employer has not followed relevant requirements they may have in an applicable modern award, enterprise agreement or other industrial instrument to consult with the employees, and/or their representatives, about the redundancy.
It may also not be a genuine redundancy if it's reasonable for the employee to be redeployed in either:
- the employer’s business
- the business of an entity associated with the employer.