the Applicant v Australian Capital Territory
Citation: [2026] FWC 2494
At a glance
- Employees affected
- 3
- Awards cited
- MA000016
What happened
the Applicant, Sangay Tenzin and Singye Dorji were Cleaning Service Officers employed by the Australian Capital Territory under temporary contracts that ended on January 28, 2026. The Territory implemented a leave reduction strategy and offered them further temporary contracts extending to January 28, 2026, with an offer of permanent roles afterwards. the Applicant initiated applications under section 365 of the Fair Work Act 2009 alleging their dismissal contravened workplace laws. the Australian Capital Territory objected on jurisdictional grounds, arguing they were not dismissed.
What was decided
The Fair Work Commission found that the Applicants were not 'dismissed' as defined by the Fair Work Act 2009 because their employment ended under fixed-term contracts. the Commissioner upheld the Australian Capital Territory’s objection and dismissed the applications. The decision hinged on section 386(2)(a) of the FW Act, which states that a person is not dismissed if their employment terminated at the end of a specified period contract.
What it means for employers
Employers using fixed-term contracts should ensure employees understand the terms and conditions, including the expiry date and lack of expectation of continued employment. Clear communication about future opportunities or potential permanent roles can mitigate disputes, even if those roles are not guaranteed.
What it means for employees
Employees on fixed-term contracts need to be aware that their employment will end at the contract's conclusion unless extended or converted to a permanent role. While employers may offer further temporary contracts or permanent positions, there is no guarantee of ongoing employment.
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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 →