Case tests whether employment periods can be combined across different employers

The Fair Work Commission (FWC) recently dealt with a case involving a worker who claimed unfair dismissal after being made redundant from his role as an industrial services operator.

The worker had been employed through a labour hire company before transitioning to direct employment with the host company for just under seven weeks.

The worker argued that his service with the labour hire employer should count towards his minimum employment period with the host company, claiming his employment was continuous between both entities.

The host company objected on jurisdictional grounds, arguing the worker had not met the minimum six-month employment period required under the Fair Work Act 2009.

Labour hire arrangement leads to direct employment

The worker was employed by a labour hire company from 23 January 2023 and was placed with an environmental services company at a mining plant in the Cooper Basin.

The worker was employed as a casual operator and worked in the sludge treatment plant operated by the host company.

From early November 2023 onwards, the worker repeatedly asked the host company to employ him directly.

The host company ultimately agreed and on 20 May 2024, the worker started employment as an operator in industrial services, performing the same role but on a full-time rather than a casual basis.

In February 2023, the host company was advised that its industrial services contract...

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