the Applicant v My Homecare Provider Pty Ltd
Citation: [2026] FWC 2332
At a glance
- Employees affected
- 1
What happened
the Applicant initiated proceedings against My Homecare Provider Pty Ltd alleging unfair dismissal. the Applicant worked as a NDIS disability support worker for the Respondent, starting in June 2024 under a subcontractor services agreement. He performed duties such as providing personal care and community access to clients. Initially working part-time, his hours increased to full time. In November 2025, he was informed that no further work was available. The Respondent maintains the Applicant was an independent contractor, while he argues he was an employee.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. the Commissioner found there was no employer-employee relationship between the parties. The Commission considered a written subcontractor services agreement signed by both parties and determined it created a set of rights and obligations consistent with an independent contractor arrangement. While acknowledging some aspects of his work resembled employment, the evidence presented by the Applicant was not as compelling as that provided by the Respondent. The application could not proceed without establishing an employer-employee relationship.
What it means for employers
Employers should ensure contracts accurately reflect the intended working relationship and are consistently applied. While a written agreement is important, it's crucial to consider the 'real substance, practical reality and true nature of the relationship'. Simply labeling someone a contractor doesn’t automatically make them one; the actual control and obligations need to align.
What it means for employees
Employees should carefully review any contracts before signing. Understand your rights and responsibilities. If you believe you are misclassified as an independent contractor, seek legal advice. The presence of a contract does not necessarily define the true nature of the working relationship.
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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 →