Workers were told to stay home, stopped getting paid, then fired retroactively
The worker was told to stay home on pay. Then the pay stopped. Then, six weeks later, the email arrived: everyone was fired - effective two weeks ago.
The Fair Work Commission was not impressed.
In a decision handed down on September 21, 2026, the Commission found that an employer's attempt to back-date a mass termination had no legal basis, and that the worker's general protections application had been filed within time.
The worker had been employed by Agripower Operations since April 2025.
On March 5, 2026, a company staff member texted all employees asking them to "remain off site on pay until resolved," apologising for delays in wage payments. The worker complied. He stayed home and waited.
Then came April 13.
The company's managing director emailed to say all site staff had been "terminated as at 31 March 2026" and the site placed on lockdown. The email cited months of inactivity at the site - "literally since early December" - along with cash flow difficulties, the wet season, and delays to overseas investment.
The managing director said the company had tried to explore reduced hours and alternative employment arrangements but could not reach agreement with staff. He added that he had "personally funded wages and other expenditures for some months" and expected operations to restart within 10 to 12 weeks.
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