Enterprise agreements – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – respondent indicated employee’s termination was to be made without payment of redundancy pay – dispute between parties over entitlement – submitted by respondent that redundancy pay not payable as termination occurred in the ‘ordinary and customary turnover of labour’ defined in the Western NSW Medicare Local Enterprise Agreement 2013 – applicant disputed this – disagreement as to whether the circumstances of termination applied to the relevant clause in agreement – applicant submitted loss of funding not comparable to a loss of contract in the ordinary course of the respondent’s business – loss of funding the agreed reason for employee’s termination – agreement explicitly stated redundancy pay not payable to employees who cease employment ‘because funding ends’ – way in which a loss of funding occurs not held to be a relevant factor – definition of agreement clause not found to be inconsistent with the FW Act or exclude a provision of the NES – Commission satisfied respondent employer not legally obligated to pay redundancy payments. Bennetts v Western NSW Medicare Local Ltd
