FWC examines whether informal contracting arrangements can count towards minimum employment periods for workplace protection
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application that raised questions about the minimum employment period required for protection under the Fair Work Act 2009.
The case involved a worker who sought to combine her periods as both a contractor and employee to meet the twelve-month threshold required for small business employees.
The worker argued that she had been working for the employer since February 2024, initially as a contractor through her husband's business, before transitioning to formal employment in May 2024.
She contended that this combined period should count towards the minimum employment period required for unfair dismissal protection. The worker also challenged whether her employer qualified as a small business.
However, the employer maintained that no direct contractual relationship existed with the worker during the contracting period, as all arrangements were made with her husband's contracting business.
The worker's husband had previously performed jobs for a ship cleaning and maintenance company, which led to a conversation over beers between the company director and the husband in February 2024.
The worker was not present during this discussion. The director explained that the worker "was having a difficult time with her employer at the time, and so [the...
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