A self-represented worker defeated the Commonwealth's legal team — here's how

The Fair Work Commission has ruled that employers cannot dodge unfair dismissal claims by engineering terminations that appear to happen automatically.

In a decision handed down on 13 February 2026, Commissioner Spencer dismissed a jurisdictional objection raised by the Commonwealth of Australia in an unfair dismissal application brought by Aidan Nagle, a former political staffer for One Nation Senator Malcolm Roberts.

Mr Nagle had worked in Senator Roberts' office since July 2019, first as an electorate officer and later as a personal employee. His role existed because of a written determination by the Prime Minister authorising Senator Roberts to hire personal staff under the Members of Parliament (Staff) Act 1984.

After the 2025 federal election, a new determination was issued on behalf of the Prime Minister that revoked Senator Roberts' authority to employ personal staff. Under the MOPS Act, that revocation automatically terminated the employment of any personal staff attached to it. Mr Nagle's employment ended on 17 August 2025.

The Commonwealth, represented by the Department of Finance, argued the Commission had no jurisdiction to hear the case. The termination happened by operation of law, the Commonwealth said, not because anyone made a decision to fire Mr Nagle. The legislation did its work automatically. No manager signed a termination letter. No meeting was called.

Mr Nagle, who...

Read Full Story: https://news.google.com/rss/articles/CBMixwFBVV95cUxPcjJPckhrNTYzaXZGWG5kVHp6...