Restructures and redundancies

Restructure with confidence, and keep redundancies genuine

A restructure can be the right call for the business and still end in an unfair dismissal claim. The difference is usually whether the redundancy was genuine and the right process was followed.

IndustrialHR helps employers plan and run restructures in Melbourne, Sydney, Adelaide, Brisbane and the Gold Coast, and across Australia.

When is a redundancy genuine?

Under the Fair Work Act, a redundancy is only "genuine" if three things are true:

  1. The job is no longer needed because of changes in how the business operates.
  2. You followed the consultation requirements in the employee's award or enterprise agreement.
  3. Redeploying the employee within the business, or an associated entity, wasn't reasonable.

Miss any one of those, and the employee may be able to bring an unfair dismissal claim, even if the business reason is sound.

How we help

  • Plan the change: the business case, the roles affected and the selection criteria, if needed.
  • Consultation: the notices, meetings and timelines your award or agreement requires.
  • Redeployment: checking and documenting alternative roles properly.
  • Entitlements: notice, redundancy pay under the National Employment Standards, and final pay.
  • Communication: scripts and letters for the people affected and the team that stays.

Need ongoing HR support instead?

From $295 a month + GST

Alliance Light: unlimited written advice from $295 a month. Alliance Plus: hands-on HR from $1,450 a month (all + GST)

  • Unlimited email HR advice
  • A named practitioner who knows your business
  • Contracts, letters and meetings handled for you
  • Templates and documentation
  • Proactive risk alerts

Common questions

Do small businesses have to pay redundancy pay?

Businesses with fewer than 15 employees are generally exempt from NES redundancy pay, but an award, agreement or contract may still require it.

When do we have to start consulting?

Once you've made a definite decision to make a major change likely to affect employees, and before it's put into effect.

Can we pick who goes?

Yes, if the selection is fair and based on objective criteria.

Talk to us before you announce changes

Call 0481 100 416 or book a consultation before you announce any changes to your team.

Related articles

Practical guidance on restructures and policies.

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Free guide

Making a role redundant?

Get the free step-by-step guide: consultation, redeployment, redundancy pay and notice, in order, and the mistakes that make a redundancy look less than genuine.

Get the redundancy guide
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© 2026 IndustrialHR. All rights reserved.

Gold Coast, Queensland | 0481 100 416
IndustrialHR does not provide legal advice.

Privacy Policy | Terms of Service | Articles

© 2026 IndustrialHR. All rights reserved.

Gold Coast, Queensland | 0481 100 416
IndustrialHR does not provide legal advice.