Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

This is one of the difficulties: we always appraise ourselves with examples. It would depend on the employer, the circumstances of the restructure and whether the primary instrument that they were employed under included costs for relocation and in what circumstances. You would then have to turn to those provisions to see whether or not that would in fact apply, where the employer has restructured the new entity at the time of dismissal. One of the things Fair Work Australia can do is, where practicable, reinstate. It may not be able to. I am advised that it would be very unlikely to make such an order in those circumstances.