| [2025] FWC 1653 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Andrew Cox
v
Hill And Muller Pty Ltd
(U2025/1513)
| DEPUTY PRESIDENT MASSON | MELBOURNE, 17 JUNE 2025 |
Application for an unfair dismissal remedy – jurisdictional objections raised – whether Applicant’s dismissal consistent with Small Business Fair Dismissal Code - jurisdictional objections dismissed – dismissal found to be unfair – reinstatement not appropriate - compensation ordered.
Introduction
This decision concerns an application made by Mr Andrew Cox (the Applicant) for an unfair dismissal remedy pursuant to s 394 of the Fair Work Act 2009 Cth (the Act). The Applicant was employed by Hill and Muller Pty Ltd (the Respondent) and alleges he was dismissed on 12 February 2025. The unfair dismissal application was lodged by the Applicant on 13 February 2025. On 27 February 2025, the Respondent filed its Form F3 response to the unfair dismissal application in which it raised a jurisdictional objection to the application, that being, it had complied with the Small Business Fair Dismissal Code (the Code) in dismissing the Applicant.
The matter was listed for determinative conference/hearing before me on 10 June 2025 to deal with both the jurisdictional objection and the merits of the application. Both parties filed material in advance of the determinative conference/hearing in accordance with directions issued. The Applicant appeared and gave evidence while Andrew French (Director) appeared on behalf of the Respondent, gave evidence and also called Ms Rupali Hiremath (Accounts/Bookkeeping) and Justin Koob (Construction Manager) to give evidence.
Background and evidence
Applicant’s employment
The Applicant commenced employment with the Respondent as a Leading Hand Carpenter on 17 July 2017. He entered into a further contract of employment on 26 July 2022[1] (2022 Contract) for a fixed term of two years on an employment package that included a base hourly rate of pay of $40.75 ($1630 per week) plus superannuation and use of a company vehicle.
On 11 December 2023, the Respondent agreed to amend the 2022 Contract by providing the Applicant with $2,000 bonus in lieu of a requested wage increase.[2] The Respondent also agreed to waive a $1,250 debt owed by the Applicant and to provide him with new ladders up to the value of $2,000. In amending the 2022 Contract, the Respondent reinforced its expectation of the Applicant in the following terms;
“Ongoing expectations and tasks are:
- Scheduling all day to day works.
- Scheduling weekly works.
- Scheduling monthly and quarterly works.
- Contacting other building companies to arrange and schedule any required works if we are too quiet to keep all carpentry staff busy and adding financial value.
- Requesting and receipting PO’s for all work and tasks before commencing.
- Apprentice training and skill reviews.
- Working with Cam to help him slowly become more independent and manage his own crew on day to day basis.
- QA of all works being completed by our carpenters.”[3](Emphasis added)
A request by the Applicant for a remuneration review on 13 February 2024 was…
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- Case
- [2025] FWC 1653
- Decision Date
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