Jemma Stuhr v Yorganop Association Incorporated

Case •

[2025] FWC 3112

•

17 OCTOBER 2025
[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

  1. 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).

  1. 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. 

  1. 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.  

  1. 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. 

  1. 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.

  1. The application is dismissed. 


DEPUTY PRESIDENT

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