the Applicant v Department of Education
Citation: [2025] FWC 1818
What happened
the Applicant commenced employment with the Department of Education and Training. His employment ended by operation of law, meaning it ceased automatically due to a change in legislation. the Applicant brought an unfair dismissal claim. The Fair Work Commission considered whether his termination was a dismissal for the purposes of the Fair Work Act.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. Deputy President Colman found that because his employment ended due to a change in law, it was not a dismissal under the Fair Work Act. The Commission stated that the cessation of employment was a consequence of legislative change, not a decision by the Department. Therefore, the Applicant was not unfairly dismissed.
What it means for employers
Employers should be aware that terminations resulting from changes in legislation may not be considered dismissals under the Fair Work Act. This can impact an employee’s ability to pursue an unfair dismissal claim.
What it means for employees
Employees whose employment ends due to changes in legislation may not be able to bring an unfair dismissal claim. It is important to understand the reason for termination and seek legal advice if unsure.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1818.pdfSend your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted 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