Recent FWC case shows that job titles can be misleading; employment factors still decisive
06 May 2025
Share
The Fair Work Commission (FWC) recently dealt with a jurisdictional objection in a general protections application. The dispute centred on whether a worker could access protections under the Fair Work Act following the termination of her engagement.
The worker argued she was an employee entitled to lodge a general protections application, presenting evidence about the control exercised over her work, how she was directed in her duties, and her limited ability to set her own schedule.
The employers objected to the application, claiming the worker was an independent contractor who had agreed to a contractor arrangement from the outset.
The case required consideration of section 15AA of the Fair Work Act, which took effect from August 26, 2024. This section was enacted in response to High Court decisions, requiring that when determining employee status, "the totality of the relationship between the individual and the person must be considered."
Part 3-1 of the Fair Work Act provides general workplace protections, including those related to workplace rights and protection from discrimination.
The FWC noted that for employees who have been dismissed, there is a requirement to apply to the Commission first before taking a general protections matter to court.
The Commissioner observed that determining whether someone is an...
TEHRAN - As Iran faces an aggressive wave of Israeli strikes on civilian infrastructure, including hospitals, it now finds itself in another battlefront -- the war of narratives. In what Iranian o...