The Fair Work Commission can only deal with unfair dismissal applications that fall within its powers, also known as its ‘jurisdiction’.
When an employer believes that the Commission lacks jurisdiction to handle an unfair dismissal application or the applicant isn’t eligible to make the claim, they can lodge an objection.
In the standard Form F3 for an employer’s response to an unfair dismissal application, at paragraph 2.1, there’s a crucial question: “Does the employer have any jurisdictional or other objections to the application?”
Objections identified under this part of the form are referred to as ‘jurisdictional objections.’
What are jurisdictional or other objections?
An objection can be lodged if:
1. The applicant wasn’t an employee (e.g., they were an independent contractor or volunteer).
2. The person didn’t get dismissed but left the job voluntarily.
3. The termination was due to genuine redundancy.
4. The employee earned more than the “high income threshold” ($175,000 for a dismissal after 1 July 2024) and wasn’t covered by a modern award or employed under an enterprise agreement.
5. The employment was for a specific period, task, seasonal contract, or traineeship arrangement, and the dismissal occurred at the end of that period.
6. The applicant wasn’t a national system employee.
7. The employee wasn’t a regular casual worker and had no reasonable expectation of continuing employment.
8. The application was filed against an entity who wasn’t the employer.
9. The applicant has made multiple applications regarding the same dismissal.
10. The employee worked for the employer for less than six months (or less than one year if the employer was a small business employer).
11. The application was filed outside the specified time limit without exceptional circumstances justifying an extension of time.
12. The employer is a small business employer and the employer complied with the Small Business Fair Dismissal Code.
By lodging an objection, the employer is essentially stating that the Fair Work Commission lacks the power to deal with the claim.
It’s important to note that an objection to an unfair dismissal application can also be raised after submitting the Form F3 employer’s response by completing a Form F4 – Objection to the application for an unfair dismissal remedy.
Understanding jurisdictional objections is vital in the Fair Work Commission process, ensuring that cases stay within the Commission’s powers.
