Michael Sheldon-Collins v Broadspectrum (Australia) Pty Ltd [formerly Transfield Services (Australia) Pty Ltd] T/A Broadspectrum

In the Fair Work Commission, Michael Sheldon-Collins appealed against a decision of Deputy President Clancy at Melbourne on 8 June 2018 in the matter of U2017/12308. The dispute involved Sheldon-Collins, the applicant, and Broadspectrum (Australia) Pty Ltd, the respondent, formerly known as Transfield Services (Australia) Pty Ltd, trading as Broadspectrum. The case revolved around issues of unfair dismissal and the applicability of the small business exception under the Fair Work Act 2009.

The central legal issues in this appeal were whether the respondent was a small business as defined by section 15 of the Fair Work Act, and whether the dismissal of Sheldon-Collins was unfair. The appeal hinged on the interpretation of the term "small business" and the impact of this definition on the applicability of the small business exception to the unfair dismissal provisions of the Act.

The Deputy President, in considering the appeal, noted that the small business exception applies to businesses with fewer than 15 employees, a threshold which the respondent, Broadspectrum, met at the time of the dismissal. The key question was whether Broadspectrum qualified as a small business for the purposes of the exception. The court examined the definition of "small business" and considered whether Broadspectrum's operations and structure fell within the parameters of the exception. Ultimately, the Deputy President concluded that Broadspectrum qualified as a small business, thus the small business exception applied, and the dismissal was deemed fair.

As a result of this decision, the appeal was dismissed. The Deputy President's findings that Broadspectrum qualified as a small business and that the dismissal was fair were upheld. The appeal did not succeed, and the original decision remained in place.