Mr Glenn Whelan v BMD Constructions Pty Ltd

The applicant in this case, Mr Glenn Whelan, sought an unfair dismissal remedy against his former employer, BMD Constructions Pty Ltd. The dispute centred on whether Mr Whelan was protected from unfair dismissal under the Fair Work Act 2009 (Cth), and whether he was covered by the Professional Employees Award 2010. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue was determining whether Mr Whelan qualified as an employee protected from unfair dismissal. This hinged on whether he was covered by the Professional Employees Award 2010, which provides protection to certain professional employees. The court needed to examine whether Mr Whelan's role as a Project Manager and the duties he performed were such that they required qualifications equal to or greater than those of a graduate member of Engineers Australia, as stipulated by the award. The court also had to consider relevant case law and the nature of professional engineering services.

The court held that Mr Whelan did not meet the criteria for protection under the Professional Employees Award 2010. His role as a Project Manager and the duties he carried out did not necessitate qualifications at or above the level of a graduate member of Engineers Australia. Therefore, Mr Whelan was not protected from unfair dismissal. Consequently, the application for an unfair dismissal remedy was dismissed.

No further orders were made by the court.