Benjamin Norman v Fyfe Pty Ltd T/A Fyfe Earth Partners

In the case of Benjamin Norman v Fyfe Pty Ltd T/A Fyfe Earth Partners, the applicant sought relief from an unfair dismissal decision. The dispute was heard in the Fair Work Commission, which had to determine whether the applicant, who had been dismissed, was protected from unfair dismissal. The primary issue revolved around whether the applicant's remuneration exceeded the threshold for protection against unfair dismissal under the Fair Work Act 2009. Additionally, the court needed to ascertain if the applicant was covered by a modern award and, if so, whether his work fell within the classifications of that award.

The court examined whether the applicant, who held the position of Divisional Manager in a consulting engineering business, was performing professional engineering duties required by the position. The Professional Employees Award 2010 was considered, along with the principal purpose test to determine if the applicant's role was genuinely senior management. The court concluded that although some engineering work was performed, the principal purpose of the role did not fall within the classifications of the modern award. Furthermore, the court assessed if the applicant's position was covered by the Miscellaneous Employees Award 2010, finding that the nature of the position excluded it from the scope of that award. Ultimately, the court found that the applicant was not covered by any modern award and, therefore, not protected from unfair dismissal. Consequently, the court dismissed the application due to a lack of jurisdiction.