s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed

[1] On 24 December 2025 Mr Joshua Watts (the Applicant) made an application to the Fair Work Commission (Commission) for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (Act).

[2] The Applicant advised in the Form F2 Unfair Dismissal Application (Form F2) that he commenced employment with Whittlesea Primary School (Respondent) on 12 February 2020 and that he was notified of his dismissal on 3 December 2025.

[3] On 11 February 2026 my Chambers emailed the Applicant advising that he would appear to be barred from making an application for an unfair dismissal remedy because he has made a claim through the Disciplinary Appeals Board (afforded to him under the Education and Training Reform Act 2006 at section 2.4.68) and that this is an application or complaint under another law and in relation to the dismissal within the meaning of s.732 of the Act.

[4] The Applicant was drawn to ss.725 and 732 of the Act and was told that it was my preliminary view that s.725 of the Act prohibits him from making an application to the Commission. The Applicant was invited to make submissions on this point and was told that if no submissions were received by 13 February 2026, the application would be dismissed under s.587 of the Act.

[5] To date, no submissions have been received by my Chambers.

[6] The Respondent also raised in the Form F3 Unfair Dismissal Response (Form F3) a jurisdictional objection on this point and state that at the time the Applicant filed his unfair dismissal application, he was statutorily barred from making such an application as that the time of making the unfair dismissal application in the Commission, the claim through the Disciplinary Appeals Board was already made.

[7] Chapter 6, Part 6-1 Division 3 - Preventing multiple actions of the Act contains provisions aimed at preventing multiple actions in relation to dismissal. Relevantly, the provisions preventing double dipping are as follows:

A person who has been dismissed must not make an application or complaint of a kind referred to in any one of the sections 726 to 732 in relation to the dismissal if any other of those sections applies.

732 Applications and complaints under other laws

(a) an application or complaint under another law has been made by, or on behalf of, the person in relation to the dismissal; and

(b) the application or complaint has not:

(i) been withdrawn by the person who made the application; or

(ii) failed for want of jurisdiction.

(2) An application or complaint under another law is an application or complaint made under:

(a) a law of the Commonwealth (other than this Act); or

(b) a law of a State or Territory.

[8] These provisions provide that where a person is aggrieved by a dismissal, they must not make an application for a remedy under one of these provisions under this Part of the Act if another application or complaint is made under another law within one of the other sections in this Part.

[9] Section 587(1) of the Act affords me the discretion to dismiss applications of these kind as follows:

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospect of success.

[10] I am satisfied that the Applicant is prohibited from making the unfair dismissal application under the Act. Accordingly, I am satisfied that the application is not made in accordance with this Act

[11] As such, I order that the application be dismissed under s.587(1)(a) of the FW Act.

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