[2025] FWC 2327
Citation: [2025] FWC 2327
What happened
The Applicant, a sex worker who used a pseudonym for safety, worked at Sir’s for Massage, owned by The Trustee For New Hopes Trust (New Hopes Trust). She was offered a trial shift after a phone conversation, and signed a form detailing availability, services, and policies. The form included a $200 bond and requirements for appearance and room cleanliness. New Hopes Trust contended she was an independent contractor. In March 2025, a fines system was introduced. The Applicant was later told she would not be provided with further shifts via text message while overseas. She earned approximately $54,615.00 and declared this income as business income on her tax return.
What was decided
The Fair Work Commission is considering whether the Applicant was unfairly dismissed and whether she was an employee or an independent contractor. The Applicant alleges unfair dismissal and seeks compensation. New Hopes Trust argues she was an independent contractor and the matter was dealt with by way of conference. The Commission noted the Applicant denied ever seeing a fourth page of the document she signed, which would have clarified her status as an independent contractor. The decision is ongoing, with the Commission examining the documentation and the circumstances surrounding the Applicant’s engagement and dismissal.
What it means for employers
Employers should ensure contracts are clear and complete, and that all documents are provided to and acknowledged by employees. The absence of a key page in the Applicant’s contract, and the lack of a signed copy, weakened the Respondent’s argument that the Applicant was an independent contractor. Employers should also be cautious about imposing new systems, like fines, without proper consultation and explanation.
What it means for employees
Employees should carefully review all documents before signing them and retain copies. If there are discrepancies or missing information, it's important to raise concerns. The Applicant's declaration of business income on her tax return is a factor in determining her employment status.
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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