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FWCFair Work Commission · 30 January 2025

[2025] FWC 72

Citation: [2025] FWC 72

What happened

Ms Sachi Udadewa Arachchi (Ms Arachchi) worked as a casual business analyst for Adecco Industrial Pty Ltd (Adecco) from June 2023, placed at BlueScope Steel. In September 2024, Adecco refused her request to convert to a permanent employee, citing a lack of regular hours. Ms Arachchi disputed this and sought an internal review. Subsequently, her employment was terminated due to redundancy in November 2024. Twelve days after her employment ended, she applied to the Fair Work Commission (FWC) under s 66M of the Fair Work Act 2009 seeking a casual conversion or compensation. Adecco argues the application is out of time and lacks utility.

What was decided

The Fair Work Commission dismissed Ms Arachchi’s application. Deputy President Anderson found that transitional provisions in the Fair Work Legislation Amendment (Closing Loopholes No 2) Act 2024 meant the application fell under the pre-amended version of s 66M. While compulsory arbitration was not possible under the pre-amended law, the FWC retains jurisdiction to deal with the dispute through means like mediation or conciliation. However, the Commission noted that the applicant was no longer employed by the respondent, which impacts the application's viability.

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc72.pdf

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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 →

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