the Applicant v Boundary Lane Pty Ltd
Citation: [2025] FWC 1847
What happened
the Applicant commenced employment with Boundary Lane Pty Ltd, a company operating a charter business. His role involved operating and maintaining vessels. He brought an unfair dismissal claim. The Fair Work Commission needed to determine if the Applicant was covered by a modern award to proceed with the claim.
What was decided
The Fair Work Commission found the Applicant was not covered by a modern award. The Commission applied the ‘principal purpose’ test to determine this. The test considers the primary purpose of the employee’s role. The Commission decided the Applicant’s primary purpose was operating and maintaining vessels for the charter business. Therefore, the claim was dismissed on jurisdictional grounds, meaning the Commission lacked the authority to hear it.
What it means for employers
Employers should carefully consider the primary purpose of roles when determining whether an employee is covered by a modern award. This assessment is crucial for ensuring compliance and avoiding potential disputes.
What it means for employees
Employees should understand that their employment is governed by a modern award if their primary job duties align with the award’s coverage. If unsure, seek advice to confirm award coverage.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →