the Applicant v Brightest Australia Pty. Ltd.
Citation: [2026] FWC 1633
What happened
the Applicant commenced employment with Brightest Australia Pty. Ltd. He worked in New Zealand. The company dismissed him. the Applicant brought a claim to the Fair Work Commission, arguing his dismissal was unfair. The Commission considered whether part 3-2 of the Fair Work Act applied to his employment, given he worked in New Zealand.
What was decided
The Fair Work Commission found that part 3-2 of the Fair Work Act did apply to the Applicant’s employment. The Commission also determined that the dismissal was not compliant with the Small Business Fair Dismissal Code. Deputy President Farouque stated the dismissal was harsh, unjust, or unreasonable. The full reasoning is not detailed in the provided text.
What it means for employers
Employers should be aware that the Fair Work Act’s provisions can apply to employees working overseas. They must adhere to the Small Business Fair Dismissal Code when dismissing eligible employees.
What it means for employees
Employees working overseas may still be covered by Australian workplace laws. If dismissed, employees should consider seeking advice about their rights under the Fair Work Act.
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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