Mr Filipe Nabainivalu v Woodward Foods Australia Pty Ltd
Citation: [2026] FWC 1189
What happened
Several employees, including Mr Filipe Nabainivalu, brought applications to the Fair Work Commission. They alleged issues related to their employment at Woodward Foods Australia Pty Ltd. The Commission found that the applications did not allege that the dismissals contravened Part 3-1 of the Fair Work Act. This part deals with unfair dismissal and related protections.
What was decided
The Fair Work Commission, presided over by Deputy President Colman, dismissed the applications. The Commission stated it lacked the power to deal with the disputes as they were not related to allegations of unfair dismissal under Part 3-1 of the Fair Work Act. The decision states, 'the applications did not allege that the dismissals contravened Part 3-1'.
What it means for employers
Employers should ensure that dismissal processes comply with the Fair Work Act, particularly Part 3-1 regarding unfair dismissal. This decision highlights the importance of understanding the specific grounds for an employee’s claim.
What it means for employees
Employees should clearly articulate the basis of their claims, particularly if alleging unfair dismissal. The Fair Work Commission will assess whether the claim falls under the relevant provisions of the Fair Work Act.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/mr-filipe-nabainivalu-v-woodward-foods-australia-pty-ltd-2026-fwc-1189Want more cases like this?
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This summary was drafted by AI 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 →