University's attempt to deny promised permanent position rejected by FWC
06 May 2025
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The Fair Work Commission (FWC) recently dealt with a dispute concerning the conversion of fixed-term employment to continuing employment.
The case explored whether verbal and written representations made to a worker about future conversion opportunities created enforceable rights despite contractual terms stating otherwise.
The worker argued her employer had promised to convert her fixed-term position to permanent after 12 months, pending satisfactory performance. When her performance was confirmed as satisfactory, she believed this triggered her conversion rights.
However, the employer later attempted to end her employment, claiming organisational changes had eliminated her position.
The dispute hinged on whether the university's discretion to convert employment under the enterprise agreement had effectively been exercised when the worker's performance was deemed satisfactory, creating an obligation that couldn't be reversed despite subsequent changes to her role.
The senior lecturer accepted a two-year fixed-term role at a university's rural campus in Wagga Wagga. Before accepting, she expressed reluctance to relocate from Melbourne for a temporary position.
In response, the head of school emailed: "As discussed, I can offer a 2-year contract with the opportunity to convert after 12 months, pending satisfactory performance."
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