Adam Hunt v Schofield Excavations Pty Ltd [2026] FWC 1503

1 Fair Work Act 2009 s.394 – Unfair dismissal Adam Hunt v Schofield Excavations Pty Ltd (U2026/4230) COMMISSIONER PERICA MELBOURNE, 27 APRIL 2026 Application for unfair dismissal remedy [1] On 27 February 2026, Mr. Adam Hunt made an application to the Fair Work Commission under s 394 of the Fair Work Act 2009 (Cth.) (the Act) for a remedy, alleging he had been unfairly dismissed from his employment with Schofield Excavations Pty Ltd (Schofield). [2] The Act prescribes only persons who have worked the minimum employment period with their employer are protected from unfair dismissal. For a small business (that is a business that employs less than 15 employees), the minimum employment period is one year ending at the time immediately before the dismissal under s 383(1)(b). [3] In his Form F2 application, Mr. Hunt estimated the size of the business as “1-14.” In answer to the question “When the Applicant’s employment start?”, he answered “4-03-2025” and stated his effective employment date as “26-02-2026”. Schofield in its Form F3 response stated his effective employment date as “26 February 2026” and the number of employees employed at the time Mr. Hunt was terminated as “6 including the Applicant”. [4] During the case management mention conducted by Microsoft Teams this morning, I asked Mr. Hunt whether he concedes his former employer employed less than 15 employees and he said that he did. He also confirmed his dates of employment and termination. [5] After I took Mr. Hunt through the terms of ss 382 and 383 of the Act, I asked him whether he wished to withdraw his application. Mr. Hunt he stated he would not. [6] On the basis of the oral submissions of the parties at the mention and the terms of the Form F2 and Form F3, I am satisfied that: • At the time of the dismissal, Schofield employed less than fifteen employees and is therefore a small business employer for the purposes of s 383; and • Mr. Hunt was employed for a period of eleven months and 22 days. [2026] FWC 1503 REASONS FOR DECISION AND ORDER -- 1 of 2 -- [2026] FWC 1503 2 [7] Mr. Hunt therefore does not meet the minimum employment period of one year required for protection from unfair dismissal. [8] In the hearing, I decided to exercise my power to dismiss the application on the basis that it has no reasonable prospects of success under s 587(1)(c). It has no prospects of success because Mr. Hunt was not employed for a period of a year and therefore is not a person protected from unfair dismissal. [9] Mr. Hunt’s unfair dismissal application is therefore dismissed. COMMISSIONER Appearances: Mr. Adam Hunt, the Applicant, for himself. Ms. Isabelle Daley of Irwell Law on behalf of the Respondent. Hearing details: 27 April 2026 Microsoft Teams Printed by authority of the Commonwealth Government Printer <PR799101> -- 2 of 2 --