the Applicant v Toot Traffic Pty Ltd
Citation: [2026] FWC 2338
At a glance
- Employees affected
- 1
What happened
the Applicant, a casual traffic controller at Toot Traffic Pty Ltd, lodged an application with the Fair Work Commission under section 365 of the Fair Work Act. He claimed issues arose after disclosing his use of medicinal cannabis and subsequent drug testing. The company responded objecting to the application's jurisdiction, stating the Applicant was still employed and hadn’t been dismissed, but could return to work with a negative drug test. Evidence was exchanged, ultimately confirming the Applicant's ability to return to work.
What was decided
The Fair Work Commission upheld Toot Traffic Pty Ltd’s objection that it lacked jurisdiction to hear the Applicant’s application. The Commissioner found he had not been dismissed and remained an employee. Consequently, the application was dismissed for want of jurisdiction. the Commissioner noted the evidence supported this finding and wasn't further contested.
What it means for employers
Employers should ensure they understand jurisdictional requirements when responding to Fair Work applications. This case highlights that an applicant must be dismissed for a s365 application to proceed. Maintaining accurate employment records is crucial in these situations.
What it means for employees
Employees need to be aware of the specific requirements for lodging certain types of Fair Work applications, particularly regarding dismissal. If not genuinely dismissed, an application may lack jurisdiction and be unsuccessful.
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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 →