Redundancy payments waived after Dennis Transport finds alternative work for drivers

Dennis Transport helps the affected drivers get jobs with the new service provider.

Redundancy payments waived after Dennis Transport finds alternative work for drivers
The Fair Work Commission has approved a waiver of redundancy payments at Dennis Transport.


Eyre Peninsula trucking company Dennis Transport will not have to pay redundancy entitlements to three staff let go earlier this year.

The Fair Work Commission (FWC) has instead commended the company’s successful efforts to find alternative work for the drivers.

The company arranged for the employees to attend job interviews with the new business that had taken on a third party contract previously worked by Dennis Transport. The job requirements and skill levels remained the same with the new employer, and all three were taken on.

They were able to finish up with Dennis Transport on a Friday and begin working with the new company on the following Monday.

The working conditions, including salary and benefits, were similar in the new job, and the three transferring employees offered their consent for their redundancy payment to be waived.

FWC deputy president Peter Sams says the Fair Work Act allows the commission to alter standard payouts due to redundant staff. 

This can occur when the original employer finds suitable work for the outgoing staff member, or if the employer is demonstrably unable to pay the required entitlements.

"I find that the alternative employment accepted by [the three redundant employees] constitutes ‘acceptable employment’ within the meaning of the Act," he says.

"Given these circumstances and with the consent of the three respondent drivers, it is appropriate that the redundancy entitlement otherwise due… be reduced to nil."

Dennis Transport continues to offer general, refrigerated, and bulk freight from depots in Port Lincoln and Adelaide.

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