Yandong Yang v Zhen Yu Chen Pty Ltd, Ky Plaster And Building Supplies Pty Ltd, Vertex Build Pty Ltd
Deputy President Masson
Not yet cited by other cases
Applicant: Yandong Yang
Respondent: Zhen Yu Chen Pty Ltd, Ky Plaster And Building Supplies Pty Ltd, Vertex Build Pty Ltd
Ratio
The Applicant could not establish a general protections dismissal application because he was an independent contractor rather than an employee and therefore could not have been dismissed within the meaning of s386 FW Act. The jurisdictional objection was upheld and the application dismissed for want of jurisdiction.
Outcome
Against applicant
dismissed_jurisdiction
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 4
- Applicant asserts termination of employment on 20 March 2025
- Respondents raised jurisdictional objection that Applicant was engaged as independent contractor
- Application lodged 9 April 2025 under s365 FW Act
- Applicant contended termination contravened workplace rights
Factors
For
Against
- Applicant was an independent contractor, not an employee
- Absence of employee status means no dismissal within s386
Legislation referenced
- Fair Work Act 2009 (Cth) s365
- Fair Work Act 2009 (Cth) s386
- Fair Work Act 2009 (Cth) s368
Concept tags · 4
Principles · 1
articulates para 2
Where there is a dispute about whether a person was dismissed, the Commission must determine that point before exercising its powers under s368.
Archived text (360 words)
1 Fair Work Act 2009 s.365 - Application to deal with contraventions involving dismissal Yandong Yang v Zhen Yu Chen Pty Ltd, Ky Plaster And Building Supplies Pty Ltd, Vertex Build Pty Ltd (C2025/2890) DEPUTY PRESIDENT MASSON MELBOURNE, 11 JUNE 2025 Application to deal with contraventions involving dismissal – jurisdictional objection – whether Applicant dismissed – found that Applicant was not an employee and not dismissed – jurisdictional objection upheld - general protections application dismissed. [1] On the 9 April 2025, Mr Yandong Yang (the Applicant) lodged an application under s 365 of the Fair Work Act 2009 Cth (the Act) in which he asserts the termination of his employment on 20 March 2025 by Zhen Yu Chen Pty Ltd (First Respondent), Ky Plaster and Building Supplies Pty Ltd (Second Respondent) and Vertex Build Pty Ltd (Third Respondent (collectively, the Respondents) contravened his workplace rights. In their Form F8A responses the Respondents each raised the jurisdictional objection that the Applicant was engaged as an independent contractor and consequently could not have been dismissed within the meaning of s 386 of the Act. [2] The Respondent’s jurisdictional objection is significant because the Applicant must have been dismissed in order to make a general protections dismissal dispute application. Where there is a dispute about whether a person was dismissed, the Commission must determine that point before exercising its powers under s 368 of the Act. Consequently, the issue for determination is whether the Applicant was an employee and dismissed from his employment within the meaning of s 386 of the Act. [3] For reasons given on transcript earlier today, I have determined that the Applicant was an independent contractor and not an employee. Consequently, he could not have been dismissed within the meaning of s 386 of the Act. It follows that the general protections application must fail for want of jurisdiction. The application is dismissed and an Order to that effect will be issued with this decision. [2025] FWC 1599 DECISION [2025] FWC 1599 2 DEPUTY PRESIDENT Appearances: Yandong Yang, Applicant. Kevin Chen for the Respondents. Hearing details: 2025. Melbourne: June, 11 Printed by authority of the Commonwealth Government Printer <PR788080>