Evangelos Papaharisis v Peninsula Pool Steel Fixing Pty Ltd

[2025] FWC 482

[2025] FWC 482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Evangelos Papaharisis
v

Peninsula Pool Steel Fixing Pty Ltd

(U2024/15488)

DEPUTY PRESIDENT COLMAN MELBOURNE, 18 FEBRUARY 2025

Unfair dismissal application – MEP not met – application dismissed

1. The following is an edited version of a decision given on transcript earlier this morning. Evangelos Papaharisis (applicant) has made an unfair dismissal application under s 394 of the Fair Work Act 2009 (Act). Peninsula Pool Steel Fixing Pty Ltd (respondent) objects to the application on the ground that the applicant did not complete the ‘minimum employment period’ (MEP), which for small businesses is one year (see ss 382(a) and 383). The applicant did not attend the determinative conference. The notice of listing required the parties to attend and advised them that s 600 allows the Commission to determine a matter in the absence of a person who has been required to attend before it. I proceeded to do so. It is clear that the applicant has not met the MEP. I find that at the time of dismissal, the respondent was a small business employer as defined in s 23. It employed five persons including the applicant. It had no associated entities. The applicant was engaged as a sub-contractor for the respondent between 2021 and 2024. On 15 July 2024, he commenced full-time employment pursuant to a written contract. He was employed by the respondent for only four and a half months. He has not served the MEP, which is one year. The application is dismissed.

DEPUTY PRESIDENT

Hearing details:

2025
Melbourne (by telephone)
18 February

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