s.394 - Unfair dismissal

Application for an unfair dismissal remedy - not national system employee - application dismissed

• [1] On 11 June 2025, Ms Jemma Stuhr lodged an application with the Fair Work Commission (the Commission) under s.394 of the Fair Work Act 2009 (Cth) (FW Act) for a remedy, alleging that she had been unfairly dismissed from her employment with Yorganop Association Incorporated (Yorganop).

• [2] By email dated 3 September 2025, Ms Stuhr advised my Chambers that based on advice from the Commission that Yorganop may not be a national system employer, she had submitted an application to the Western Australian Industrial Relations Commission (WAIRC) which was listed for conference on 26 September 2025.

• [3] By email dated 10 September 2025 Yorganop advised that it is not a national system employer but a Western Australia state system employer and confirmed that it had already responded to Ms Stuhr's application before the WAIRC.

• [4] My Chambers has attempted to contact Ms Stuhr on multiple occasions in relation to whether she wishes to pursue her application but has not received any response.

• [5] Division 1 of Part 3-2 of the FW Act deals with the 'unfair dismissal of national system employees, and the granting of remedies for unfair dismissal'. Section 13 of the FW Act defines a 'national system employee' as an individual so far as she or he is employed, or usually employed, by a national system employer. There appears to be no dispute between the parties that Yorganop is not a national system employer. As such Ms Stuhr was not a national system employee at the relevant time so the Commission does not have jurisdiction to deal with the application.

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