Jemma Stuhr v Yorganop Association Incorporated

[2025] FWC 3112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jemma Stuhr
v

Yorganop Association Incorporated

(U2025/9790)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 17 OCTOBER 2025

Application for an unfair dismissal remedy – not national system employee – application dismissed

On 11 June 2025, Ms Jemma Stuhr lodged an application with the Fair Work Commission (the Commission) under s.394 of the Fair Work Act 2009 (Cth) (FW Act) for a remedy, alleging that she had been unfairly dismissed from her employment with Yorganop Association Incorporated (Yorganop).

By email dated 3 September 2025, Ms Stuhr advised my Chambers that based on advice from the Commission that Yorganop may not be a national system employer, she had submitted an application to the Western Australian Industrial Relations Commission (WAIRC) which was listed for conference on 26 September 2025.

By email dated 10 September 2025 Yorganop advised that it is not a national system employer but a Western Australia state system employer and confirmed that it had already responded to Ms Stuhr's application before the WAIRC.

My Chambers has attempted to contact Ms Stuhr on multiple occasions in relation to whether she wishes to pursue her application but has not received any response.

Division 1 of Part 3-2 of the FW Act deals with the ‘unfair dismissal of national system employees, and the granting of remedies for unfair dismissal’. Section 13 of the FW Act defines a ‘national system employee’ as an individual so far as she or he is employed, or usually employed, by a national system employer. There appears to be no dispute between the parties that Yorganop is not a national system employer. As such Ms Stuhr was not a national system employee at the relevant time so the Commission does not have jurisdiction to deal with the application.

The application is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from Ms Jemma Stuhr against Yorganop Association Incorporated for an unfair dismissal remedy. Ms Stuhr alleged she was unfairly dismissed from her employment with Yorganop. Yorganop confirmed it was a state system employer and had already responded to Ms Stuhr's application with the Western Australian Industrial Relations Commission. Ms Stuhr did not respond to attempts to contact her regarding her application to the Commission, and the application was dismissed for lack of jurisdiction.

The primary legal issue the Commission had to determine was whether Ms Stuhr was a national system employee, and therefore entitled to bring her claim for unfair dismissal under the Fair Work Act 2009. Section 13 of the FW Act defines a national system employee as someone employed by a national system employer. Division 1 of Part 3-2 of the FW Act deals with unfair dismissal of national system employees. As Yorganop was not a national system employer, Ms Stuhr was not a national system employee and therefore the Commission lacked jurisdiction to hear her application for unfair dismissal.

The Deputy President found that there was no dispute that Yorganop was a state system employer and not a national system employer. As Ms Stuhr was not a national system employee, the Commission did not have jurisdiction to hear her application for unfair dismissal. The application was dismissed for lack of jurisdiction. Attempts to contact Ms Stuhr regarding the application were unsuccessful, and no further action was taken.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established