the Applicant v Commonwealth Bank of Australia
Citation: [2026] FWC 2445
At a glance
- Employees affected
- 1
What happened
the Applicant worked for Commonwealth Bank of Australia (CBA) as a contractor through Hays from February 2022 to August 2023, and then directly for CBA as a Customer Service Specialist from February 2025. His employment contract was for a maximum term ending on February 3, 2026. CBA informed him in January 2026 that his contract would not be renewed. the Applicant filed an unfair dismissal application after his employment ended.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The Commission found his employment ended due to the expiry of a fixed-term contract, which is excluded from the definition of 'dismissal' under the Fair Work Act. The anti-avoidance provision was not triggered as CBA engaged him to fill a temporary vacancy created by an internal secondment.
What it means for employers
Employers using fixed-term contracts should ensure they are genuinely for a specific purpose and not used to avoid obligations related to ongoing employment. Documenting the reason for the fixed term, like in this case with the employee secondment, is important.
What it means for employees
Employees on fixed-term contracts may not be eligible for unfair dismissal protections when their contract expires. However, they should explore other legal avenues if they believe an employer’s decision not to renew a contract was unfair or discriminatory.
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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 →