The Applicant v The Trustee For Elite Trades Australia Unit Trust
At a glance
- 1
What happened
The Applicant made an application to deal with an unlawful termination dispute against The Trustee For Elite Trades Australia Unit Trust. Commission staff contacted the Applicant on 19 May 2026, advising her that she should have lodged a general protections application instead of an unlawful termination application because her former employer was a national system employer. She did not respond to multiple attempts from the Commission to contact her and rectify the issue.
What was decided
The Commissioner dismissed the Applicant's application. The Commission found she lodged an unlawful termination application when she should have made a general protections application, violating section 723 of the Fair Work Act. She was given opportunities to correct her application but did not respond. The application was dismissed under section 587(1)(a).
What it means for employers
Employers operating as national system employers should ensure employees understand the appropriate avenues for lodging workplace complaints, particularly the distinction between unlawful termination and general protections applications.
What it means for employees
Employees need to correctly identify whether they should lodge an unlawful termination or a general protections application. If unsure, contact Fair Work Australia for guidance before submitting an application.
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