Pietrobon v BMD Constructions Pty Ltd & Ors

The applicant, Mr Pietrobon, brought proceedings against BMD Constructions Pty Ltd and two other respondents, alleging that he had been unlawfully dismissed from his employment. The dispute concerned the circumstances surrounding the termination of Mr Pietrobon's employment and whether that termination constituted an unfair dismissal under the *Fair Work Act 2009* (Cth). The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether Mr Pietrobon had been protected from unfair dismissal at the time of his termination. This involved determining whether he met the minimum employment period requirement, which was six months for employees of a small business. The Commission also had to consider whether the employer, BMD Constructions Pty Ltd, qualified as a small business for the purposes of the *Fair Work Act 2009* (Cth).

In reaching its decision, the Commission considered the definition of a small business employer under the Act, which generally includes employers with fewer than 15 employees. The evidence presented established that BMD Constructions Pty Ltd, at the relevant time, employed more than 15 employees. Consequently, the employer did not qualify as a small business. As Mr Pietrobon had been employed for more than six months, he met the minimum employment period requirement and was therefore protected from unfair dismissal.

The Commission found that Mr Pietrobon had been unfairly dismissed and made orders for remedies.