CORRECTION TO DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Kris Brennan
v
ASG Brisbane Pty Ltd T/A Audi Indooroopilly
(U2019/4170)

Application for an unfair dismissal remedy.

The decision issued by the Fair Work Commission on 6 November 2019 [2019] FWC 7630 is corrected as follows:

[1] By deleting the words “Audi Australia” where they appear in paragraphs [3], [47], [61], [73] and [95] and replacing the words “Autosports Group”.

[2] By replacing paragraph [74] with the following paragraph:

“Further, it is disconcerting that the respondent required, as a measure, its Service Advisors to be in the top 50% of all Service Advisors across the Audi Australia group. I understand this submission to be supported by Autosports Group by virtue of Ms Raw adopting it. While it is certainly a virtuous goal, and it is a reasonable goal to require of Audi Indooroopilly Service Advisors, it ignores the fact that 50% of Service Advisors must be in the bottom half of all Audi Australia Service Advisors. Simply because an employee slips into the bottom half of all Service Advisors does not mean that they are not performing their role satisfactorily. Mathematics requires that half of the employees will be in the bottom half.”

[3] By replacing paragraph [78] with the following paragraph:

“If this was, as I understand it to be, a position supported by Audi Australia given the termination letter was prepared by the central HR support person, and the submissions supported by Autosports Group during the determinative conference, it could have the effect of the bottom half of Service Advisors within Autosports Group being considered to be performing unsatisfactorily. Instead of endeavouring to bring up the levels of service, it was determined that being in the bottom half of all Service Advisors was unacceptable, despite mathematically, half of the Service Advisors having to fall within the bottom half of all Service Advisors.”

[4] By inserting into paragraph [13] the words “Pty Limited (Audi Australia), the franchisor” after the words “Audi Australia” in that paragraph.

[5] By replacing the words “parent company or head office” in paragraph [34] with the words “franchisor or manufacturer”.

[6] By replacing the word “franchisees” in paragraph [95] with the word “dealerships”.

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