Former capital markets regional director James Kaufman is claiming that JLL unfairly dismissed him when he was made redundant in December last year because his duties were effectively as an industry award-covered sales representative.

JLL has objected to Mr Kaufman's claim, arguing his redundancy was genuine and that he was not protected from unfair dismissal by the Fair Work Act because at the time of his dismissal he was employed in a senior management position on a high income.

Employees not covered by an industrial award or enterprise agreement who earn more than $138,900 cannot make a claim against their employer for unfair dismissal under Australia's employment laws.

Most high income earners who do lodge claims are covered by enterprise agreements.

JLL's Victorian managing director David Bowden told Fair Work that Mr Kaufman was a senior manager whose role went well beyond the job classifications of the Real Estate Industry Award 2010.

His role was at the second most senior level of the business and had significant leadership, mentoring and business generation responsibilities, Mr Bowden said.

It was also evident in his earnings which were above the high income threshold, his pay structure, general requirements and accountabilities, and the significant leadership his role entailed, he said.

Mr Bowden also referred to a letter given to Mr Kaufman at the time of his promotion to regional director in 2008 which told him he was joining a "diverse" and "exceptional group of leaders" in the organisation.

But the commission's deputy president Val Gostencnik did not agree that Mr Kaufman was a senior manager, finding there was nothing in his regular duties that could be seen as managerial and he had no direct staff reports.

"It doesn't necessarily follow ... that because somebody has an elevated title that they will necessarily have elevated responsibilities," the counsel cross-examining Mr Bowden told the tribunal.

Mr Bowden's witness statement "stands in contradistinction" to the evidence he gave while being cross-examined, Mr Gostencnik said.

Mr Kaufman, who began working with the business in 1989, was "by all accounts, a successful real estate professional," when he was dismissed, he said.

"The applicant was a high performing employee principally responsible for attracting and executing high-value real estate transactions."

The commission was told JLL's Victorian city sales team generated between $2.9 million and $6 million a year in fees over the past six years, with transactions ranging from $1 million to $470.28 million.

Mr Kaufman's promotion was "recognition of his capacity as a winner of business".

"His title, of regional director, was effectively a rank or accolade accorded by [JLL], but the question of award coverage is not determined by the person's title - it is the duties performed that will be of significance."

"The fundamental or principal purpose for which the applicant's position existed was to sell real estate," he said.

The duties he was required to undertake fell "squarely within the role definition of a property sales representative" under the award.

Mr Kaufman has since joined real estate private equity firm Qualitas.

He told Businessday he was intent on pursuing the claim with the case currently before the commission.

"It's in the hands of the commission and they will hear it on its merits," he said.

Last year the global JLL Group generated revenue of $6.8 billion, fee revenue of $5.8 billion and completed about $136 billion in transactions. It has 2764 employees in Australia, with about 645 of those in Victoria.