the Applicant v Servicenow Australia Pty Ltd
Citation: [2026] FWC 3087
What happened
the Applicant, a former Enterprise Account Executive for ServiceNow Australia Pty Ltd, sought an unfair dismissal remedy. He worked from May 5, 2025, to February 6, 2026. ServiceNow objected, arguing he wasn't protected from unfair dismissal because his earnings exceeded $183,100 and no enterprise agreement applied. His employment contract referenced the Professional Employees Award 2020 (PE Award).
What was decided
The Fair Work Commission dismissed the Applicant’s application for unfair dismissal. The Commission found he wasn’t covered by the PE Award. This was because his earnings exceeded the high-income threshold and an enterprise agreement didn’t apply. The jurisdictional objection raised by ServiceNow was upheld.
What it means for employers
Employers should review their employment contracts and ensure they accurately reflect an employee's coverage under awards or enterprise agreements. Simply referencing an award isn't enough; the employee's role and earnings must genuinely fall within the award's scope. High-income thresholds are a key consideration.
What it means for employees
If your employment contract references an award, check if your role and earnings actually qualify you for its protections. Understand the award's coverage clauses and definitions. If you believe your contract is incorrect, raise this with your employer.
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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