Justin Malkiewicz, who held a Grade Seven public service role as deputy director of precinct investment and partnerships at Victoria's Suburban Rail Loop Authority, has had his unfair dismissal claim dismissed by the Fair Work Commission. Malkiewicz received a taxpayer-funded exit package totaling $233,541.79 following a restructure that abolished his division.
The significant payout included 20 weeks' pay, over $50,000 in lieu of a 13-week redeployment period, and a $10,000 early separation incentive. In accepting this package, Malkiewicz signed a document acknowledging his position was genuinely redundant and waived his right to participate in a redeployment process.
The Suburban Rail Loop project, an estimated $200 billion infrastructure undertaking, is a 60km metro line across Melbourne's middle suburbs. In November 2025, the agency underwent a major restructure, eliminating its entire Strategy and Policy Division, which comprised 12 roles, including Malkiewicz's.
Malkiewicz argued that his redundancy was not genuine, claiming his duties had been reallocated to other staff and supplemented by consultants. He sought reinstatement, stating he accepted the separation package reluctantly and without a clear understanding of redeployment options. He also contended that the consultation process lacked specific engagement regarding the future of his responsibilities.
Evidence presented to the Fair Work Commission included testimony from two directors from the authority's people and culture department regarding the organizational review. The commission was informed that the agency had consulted with the union and kept affected staff updated through a dedicated transition hub.
Deputy President Alan Colman ruled that the redundancy was genuine, stating the authority "no longer require[d] Mr Malkiewicz's job to be done by anyone." He rejected Malkiewicz's assertion that his role had merely been retitled, explaining that the new position was a "fundamentally different job which was the product of a consolidation of two others." Colman noted that the redistribution of work from a redundant role is a common occurrence.
Furthermore, the Deputy President observed that Malkiewicz had carefully considered his decision to apply for the separation package, knowing it would result in an enhanced redundancy payment. Colman added that even if the dismissal had been deemed unfair, compensation would be inappropriate given the substantial size of the payout received.