Worker lacks standing to pursue general protections without direct employment, says FWC

The Fair Work Commission (FWC) recently dismissed a general protections application from a technical writer who claimed dismissal by a government agency.

The case arose when the contracted worker alleged she was dismissed by the Australian Bureau of Statistics (ABS) in contravention of general protections provisions, though she was actually engaged through a third-party contractor rather than directly employed by the agency.

The worker argued she was dismissed by the ABS after providing technical writing services for a coding service user guide review project.

She maintained that despite the contractual arrangements, the real substance and practical reality of her relationship with the agency constituted employment warranting protection under Fair Work legislation.

Three-party contracting arrangement creates complexity

The service delivery arrangement involved a contract for services between the ABS and Information Technology (IT) Alliance Australia Pty Ltd entered into on 24 March 2025 for technical writing services.

The contract specified a delivery period up to three months with extension options, subject to an approved value limit of $49,999.99, including Goods and Services Tax (GST), indicating a defined scope and budget for the project work.

Under this arrangement, the technical writer provided services on an hourly basis and submitted timesheets to IT Alliance, which then...

Read Full Story: https://news.google.com/rss/articles/CBMiuAFBVV95cUxOdVozbXFqc0tMUXdqZlk4QVZ3...