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FWCFair Work Commission · 29 December 2025

the Applicant v Mind Matters Psychology

Citation: [2026] FWC 1163

What happened

the Applicant brought a case against Mind Matters Psychology. The Fair Work Commission had to determine if the Applicant was an employee or an independent contractor. This determination was necessary to address a jurisdictional objection raised in his application. the Applicant is a registered psychologist.

What was decided

The Fair Work Commission, Deputy President Boyce, considered whether the Applicant was an employee or an independent contractor. The decision does not detail the specific findings regarding the Applicant’s employment status. It notes that the determination was needed to address a jurisdictional objection. The case citation is [2026] FWC 1163.

What it means for employers

Employers should carefully review their contractor agreements to ensure they accurately reflect the working relationship. Misclassifying employees as contractors can have significant legal consequences, including jurisdictional challenges to workplace claims.

What it means for employees

If you believe you have been incorrectly classified as an independent contractor, you should seek legal advice. This can impact your rights and entitlements under the Fair Work Act.

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

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc1163.pdf

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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

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