The Fair Work Commission (FWC) recently dealt with a jurisdictional challenge to an unfair dismissal application, where an employer successfully argued that a worker's termination constituted genuine redundancy following a business sale.
The worker, who had been employed as a state manager for over three years, lodged his unfair dismissal application in March 2025 after his employment ended in February.
He argued that proper consultation procedures had not been followed and questioned whether his dismissal truly qualified as genuine redundancy under the Fair Work Act 2009.
The worker raised concerns about inadequate notice, lack of follow-up consultation, and the employer's failure to provide additional benefits beyond legal minimums.
The worker had been employed as state manager with Circles Australia Pty Limited since March 2021, earning a base salary of $126,600.01 plus bonuses, commission payments and share options.
His role involved developing and maintaining commercial relationships with dealers in Victoria and Tasmania who would then resell the employer's mobile phone plans.
The worker performed duties both "on the road" and in the office, and was not part of a call centre operation.
The employer operated as a mobile virtual network operator business selling SIM-only mobile phone plans. The worker reported to the country manager and had supervised one other employee until September 2024.
His contract of employment...
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