the Applicant v The Trustee For The Kerry Westbury No 1 Operating Trust
Citation: [2026] FWC 316
What happened
the Applicant made an application to the Fair Work Commission under section 365 of the Fair Work Act. This section deals with contraventions involving dismissal. The Trustee For The Kerry Westbury No 1 Operating Trust was the respondent. The Fair Work Commission dismissed the application.
What was decided
The Fair Work Commission dismissed the Applicant’s application under section 365. Deputy President Clancy made the decision. The Commission found that the application was not related to a dismissal.
What it means for employers
Employers should ensure they understand the scope of section 365 applications and how they relate to dismissal contraventions. This decision highlights that applications must genuinely involve a dismissal to proceed.
What it means for employees
Employees should be aware that a section 365 application requires a connection to a dismissal. If there is no dismissal, the application will be dismissed.
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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 →