Job Transfers and Acceptable Alternative Employment

By Mick Sheils and Peter Punch

What is acceptable alternative employment in the context of restructuring? There are no hard and fast rules for employers and unions. Every case turns on the particular circumstances.

The authors provide some general guidance:

a. The employer has the onus of establishing that the job offered is acceptable alternative employment

b. A job at significantly reduced take-home pay will almost certainly not satisfy the test.

c. Simply having to travel further to get to and from work will not mean a job is not acceptable.

The authors discuss the issues raised by a decision in the federal Commission by SDP Watson in Target Australia Pty ltd v SDAEA (AIRC, Watson SDP, 4-4-02, PR916204)

(CCH Industrial Law News; issue 8, August 2002)