Unfair dismissal claim dismissed as local radio station found to be national system employer

The Commission has determined that it is unable to hear an unfair dismissal claim because the applicant was employed by a national system employer and the Commission does not have jurisdiction to hear the matter.

The applicant was employed by Albany Community Radio Inc. He claimed that he was unfairly dismissed when his employer purported to make his position redundant.

The respondent objected to the application on the basis that it is a national system employer and the Commission does not have the necessary jurisdiction to hear and determine the claim.

Commissioner Walkington considered whether the respondent was a trading corporation as defined under the Fair Work Act 2009 (Cth). Walkington C found that, while the purpose of the respondent may not be commercial in nature, it clearly engaged in substantial trading activities such as subleasing and sponsorship activities.

Walkington C concluded that the respondent was a trading corporation and the applicant was employed by a national system employer. She found, therefore, that the Commission did not have jurisdiction to deal with the applicant’s claim for unfair dismissal.

An order was issued dismissing the application for lack of jurisdiction.

The decision can be read here.