A.White Kabi Submission

     12. With CYC’s application made on the questionable assumption ‘Existing Use’ rights haven’t
         lapsed, I am concerned the application may be misleading, not properly made, and non-
         compliant with processes of the Integrated Development Assessment System (IDAS).

     13. By failing to lodge their application as an MCU, the applicant may avoid State Referral
         Agency assessment, as would seem appropriate for a major new sport, recreation and
         tourism accommodation facility on land zoned Regional Landscape and Rural Production
         Area (RLRPA).

     14. To clarify the circumstances surrounding cessation of the Sport/Recreation and
         Permaculture “Uses” in 2011, I tender evidence provided by Kabi Organic Golf Course and
         Orchard to Fair Work Australia (FWA) at proceedings in 2011.

Background

     15. In 2011, Kabi gardener Mr John Trembath and I lodged Unfair Dismissal claims in FWA.

     16. It is important to note, our cases failed as the Respondent (Ms Rena Merchant) proved the
         golf course and orchard had ceased operation, with the roles and responsibilities of
         Orchard Manager and Gardener no longer fulfilled.

     17. The FWA decision and findings in these proceedings is a matter of public record with my
         case [U2011/7833] available to view at: White, Aaron Denis v Kabi Organic Golf Course -
         [2011] FWA 8348 | Fair Work Commission (fwc.gov.au)

     18. The following excerpts from Paragraph’s [26], [27] & [30] of Commissioner Spencer’s
         December 2011 FWA decision confirm the golf course/orchard’s cessation of operations.

Commissioner Spencer’s December 2011 FWA Decision:

       P [26] It was the main submission of the Respondent with respect to s 389 (1) (a) of the Act,
       that the Applicant’s position of employment was made redundant, due to the Respondent’s
       ill-health, and the business no longer being financially viable. In support of this, the
       Respondent confirmed that no one was employed, to do the job previously performed by the
       Applicant.

       P [27] The Respondent submitted that, the Applicant was informed, verbally and in writing
       on 28 April 2011, that his employment was made redundant. As stated the reasons for this
       were cited as Ms Merchant’s ill health and the business suffering continued financial losses
       and would be closed on 30 April 2011. Later on that day, the employees were informed of
       the redundancy, it was submitted, the Applicant was made aware that the business would
       be open for an additional day due to a pre-booked event. At the same time, the Applicant
       was made aware of the fact a skeleton staff would be employed until such time that the
       business was sold. This was supported by the evidence of Mr Troy Maclaren, Course
       Superintendent.

       P [30] It was submitted that as the business was ceasing its operations, there were no
       positions created or alternative positions available for the Applicant. Additionally, the
       Respondent contended that because of this, it was not reasonable in the circumstances of
       the Applicant, to redeploy him within the enterprise, as it was no longer operational.

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