the Applicant v Arkhill Industries Pty. Limited
Citation: [2025] FWC 3367
What happened
the Applicant brought an application for an unfair dismissal remedy against Arkhill Industries Pty. Limited. The Fair Work Commission considered whether the Applicant had completed the minimum employment period required to bring an unfair dismissal claim.
What was decided
The Fair Work Commission Deputy President Saunders dismissed the Applicant’s application. The Commission found that the Applicant had not completed the minimum employment period. Therefore, the application was not considered to be within the jurisdiction of the Fair Work Commission. As such, the application was dismissed.
What it means for employers
Employers should be aware of the minimum employment period required for employees to bring an unfair dismissal claim. Failing to meet this requirement can result in an application being dismissed.
What it means for employees
Employees must ensure they have completed the minimum employment period before lodging an unfair dismissal application. Otherwise, the application may be dismissed by the Fair Work Commission.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3367.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →