[2025] FWC 1701
Citation: [2025] FWC 1701
What happened
Mr Ho Wong, the sole director of Maxma Transportation Pty Ltd, sought a remedy for unfair termination from Sal National Pty Ltd. Maxma provided delivery services for Sal under a contract that was terminated on 1 April 2025. Mr Wong argues the termination was unfair, while Sal denies this and argues Mr Wong isn't a regulated road transport contractor, meaning he isn't protected from unfair termination. Maxma and Sal are based in New South Wales.
What was decided
The Fair Work Commission dismissed Mr Wong’s application for an unfair termination remedy. The Commission found that Mr Wong did not meet the criteria to be considered a regulated road transport contractor under the Fair Work Act 2009. Specifically, the Commission considered whether he performed 'all, or a significant majority' of the work under the services contract. The decision focused on the interpretation of the Act’s definition of a regulated road transport contractor and the meaning of 'under' in relation to a services contract.
What it means for employers
Employers should carefully review contracts with independent contractors to ensure they accurately reflect the working relationship. The decision highlights the importance of ensuring contractors perform a significant portion of the work themselves and aren't effectively operating as employees. Misclassifying employees as contractors can lead to legal challenges.
What it means for employees
Individuals operating as independent contractors should understand the criteria for being classified as a regulated road transport contractor. If they believe they've been unfairly terminated, they need to meet the legal definition to be eligible for protections under the Fair Work Act. This decision clarifies the requirements for this classification.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1701.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →