On behalf of the miners, CFMEU had argued that its dismissals were not cases of actual dismissals, given that their jobs were still to be filled and that it would have been reasonable to transfer them to Kestrel`s affiliated unit, Rio Tinto Coal Australia Pty Limited (RTCA), of which Kestrel is a subsidiary. or within the Rio Tinto Ltd (Rio Tinto) group. In addition to Kestrel, RTCA had 3 other subsidiaries that operated coal mines. Rio Tinto also had other associated companies outside the RTCA Group. Kestrel, however, claimed that the jobs were superfluous and that he had recruited all the possibilities of redistribution within Kestrel and the RTCA group before the miners were dismissed. Kestrel also argued that he did not understand the management power to transfer the miners to Rio Tinto group companies.