TERMINATION OF EMPLOYMENT – high income threshold – modern award coverage – ss.382, 394 Fair Work Act 2009 – application for unfair dismissal remedy – jurisdictional objection – appropriate test to determine award coverage was the principal purpose test – needed to assess the principal purpose of the primary function of applicant’s employment – modern awards fall into three categories and the Professional Employees Award 2010 was the third category hybrid covering both employers in the industries and occupational coverage [Halasagi] – whether applicant performed professional engineering duties as defined by the award [Baptista] – respondent was a national civil construction contractor – respondent hired applicant in Project Manager role – applicant held a Bachelor of Engineering – tertiary qualifications listed in role’s advertisement were not mandatory – ‘design management’ does not include designing projects – applicant was not qualified to undertake project design – managerial duties separated applicant’s role from award-based employment – Commission held it was unnecessary to hold an engineering degree or equivalent to perform the role – award Schedule B duties performed by applicant were not the primary purpose of his role – Commission found that the modern award did not cover the applicant – application dismissed. Whelan v BMD Constructions P/L
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