the Applicant v Kokoda Property Group Pty Ltd
Citation: [2026] FWC 3147
What happened
the Applicant, a Director of Commercial Leasing at Kokoda Property Group, applied for an unfair dismissal remedy. He argued he was unfairly dismissed. Kokoda Property Group objected, stating the Applicant wasn't protected from unfair dismissal. the Applicant’s employment began on 28 October 2024 and ended on 27 February 2026. He earned above the high-income threshold and no enterprise agreement applied. The key issue was whether his role was covered by the Real Estate Industry Award 2020.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. The Commission found Kokoda Property Group was engaged in the real estate industry. However, the Applicant’s role did not fall within a classification covered by the Real Estate Industry Award 2020. Therefore, he was not a person protected from unfair dismissal.
What it means for employers
Employers should review whether their business activities genuinely fall within industry award coverage. A business’s description of its activities is important. Simply buying, selling, or leasing property is not always enough to be considered engaged in the real estate industry. Consider the principal purpose for which an employee is employed.
What it means for employees
Employees should check if their roles are covered by relevant industry awards. Understand the specific classifications and requirements within those awards. A high income and lack of an enterprise agreement can prevent protection from unfair dismissal.
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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