Case: Helensburgh Coal Pty Ltd v Bartley & Ors [2025] HCA 29
The High Court’s decision in Helensburgh Coal has clarified how employers should approach redeployment when making roles redundant.
The issue was whether an employer only needs to consider current vacant positions, or whether it may need to look more broadly at how work is being performed across the business — including work being done by contractors or labour hire.
The High Court confirmed that, when assessing whether a dismissal is a genuine redundancy, the Fair Work Commission can consider whether it would have been reasonable for the employer to make changes to its workforce arrangements to redeploy the employee.
This does not mean every contractor role must automatically be replaced by a redundant employee. But it does mean employers should avoid a narrow “no current vacancies” approach.
Key takeaway for employers: Before confirming redundancies, employers should carefully document redeployment options, including whether there are roles, duties or work arrangements that could reasonably be adjusted.
