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Tuesday, May 19, 2026

FWC rejects labour hire worker's dismissal claim against Victorian council - hcamag.com

A managed service provider added an extra layer to this labour hire dispute

A council ended a labour hire worker's placement. She claimed dismissal. The Fair Work Commission disagreed.

On 7 April 2026, Deputy President Millhouse of the Fair Work Commission delivered a decision in Peel v Hobsons Bay City Council [2026] FWC 1165, finding that a Victorian council's decision to end a labour hire worker's assignment did not constitute a dismissal under the Fair Work Act 2009.

Mrs Leonella (Nella) Peel had been placed with Hobsons Bay City Council as an Executive Support Officer through a layered engagement. The council used Comensura Pty Ltd, an outsourced managed service provider, to coordinate its labour hire needs. Comensura engaged Public Sector People, which employed Peel as a casual worker and assigned her to the council starting 11 August 2025.

Over the following four months, Peel worked closely with the council's Interim Director of Sustainable Communities. She managed the director's inbox and diary, triaged emails, coordinated workflow, handled councillor requests, attended monthly meetings and prepared agendas. By her account, she was told she was an integral part of the team.

In December 2025, the council decided to end the assignment. It notified Comensura, which notified Public Sector People, which notified Peel. Her placement concluded on 15 December 2025.

Peel applied to the Commission under section 365 of the Fair Work Act, alleging she had been dismissed in...



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