Christopher Donnelly v KWB Group Pty Ltd

Link copied
Case Copied 28 min read
[2025] FWC 2321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Christopher Donnelly
v

KWB Group Pty Ltd

(C2025/5165)

DEPUTY PRESIDENT CROSS

SYDNEY, 13 OCTOBER 2025

Application to deal with contraventions involving dismissal

  1. On 30 May 2025, Mr Christopher Donnelly (the Applicant) lodged an application (the Application) in the Fair Work Commission (the Commission) pursuant to s.365 of the Fair Work Act 2009 (Cth) (the Act), against KWB Group Pty Ltd (KWB/the Respondent).

  1. The Respondent raised jurisdictional objections to the Application, being:

(a)That the Applicant was not dismissed within the meaning of s.386 of the Act because:

(i)The Applicant was not an employee; and

(ii)The Applicant was not dismissed.

  1. Directions were issued to program the manner in which the Application was to proceed to hearing. In response to those Directions each party filed materials, and the materials relied upon by the parties at the Hearing were:

(a) The Applicant filed an Outline of Submissions and a Statutory Declaration of Christopher Donnellly dated 7 July 2025;

(b) The Respondent filed an Outline of Submissions dated 21 July 2025, with multiple Annexures, and;

(c)       On 28 July 2025, the Applicant filed a Reply Submission.

  1. The Hearing of the Application occurred on 31 July 2025 (the Hearing). Other than various annexures to submissions, the only evidence relied on in the matter was the Statutory Declaration of Christopher Donnellly, and there was no cross-examination of Mr Donnelly regarding his evidence.

Background Facts

(a) The Contractor Agreement

  1. On 13 January 2021, an agreement titled “Independent Contractor Agreement” (the Agreement) was executed between KWB on the one hand, and CMI Joinery Pty Ltd (CMI) on the other. CMI is a company of which the Applicant is the sole director and shareholder.

  1. The Agreement defined CMI as “the Contractor” and Mr Donnelly as “the Nominated Representative”. The Agreement contained a number of important provisions. Those provisions included the following:

(a)       Clause 1 “Term” provided:

The engagement of the Contractor by KWB will commence on the Commencement Date set out in Item 1 of Schedule 1 and will continue until the engagement is terminated in accordance with clause 11 of this Agreement (Term). The Contractor can provide KWB with a written request in respect of a period or periods not exceeding 4 weeks in one year, in which it will not provide the Services.

[Emphasis added]

(b)       Clause 2 “Provision of Services” defined “Services” as “Wardrobe Installation”, and provided in part:

During the Term, the Contractor will provide the Services set out in Item 2 of Schedule 1 (Services) to KWB through the Nominated Representative (set out in Item 6 of Schedule 1) or any other person, subject to the prior written approval of KWB.

The Contractor and the Nominated Representative do not have authority to act on behalf of or bind KWB. The Contractor is solely responsible for providing the Services and controlling the manner in which the Nominated Representative performs the Services.

The Contractor will provide the Services at the location…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Christopher Donnelly v KWB Group Pty Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2025] FWC 2321
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Mr. Christopher Donnelly filed an application against KWB Group Pty Ltd, alleging that his dismissal was wrongful. The Respondent raised jurisdictional objections, arguing that the Applicant was not an employee and thus not dismissed within the meaning of the Fair Work Act 2009. The Deputy President examined whether the Applicant was an employee and whether he was dismissed. The Deputy President considered the totality of the relationship between the Applicant and KWB, including the terms of the contract and how it was performed in practice. The evidence demonstrated that KWB exercised significant control over the Applicant's work, including job assignments, schedules, and invoicing. The Applicant was economically dependent on KWB and lacked autonomy in performing his work. The Deputy President found that the relationship was one of employment despite the contractual label. The Applicant was dismissed when KWB terminated his engagement on 6 May 2025. The Deputy President dismissed the Respondent's jurisdictional objections, finding that the Applicant was an employee and was dismissed. The matter was relisted for a conference.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.