the Applicant v Royal Agricultural Society of NSW
Citation: [2026] FWC 2604
At a glance
- Employees affected
- 1
What happened
the Applicant applied for and received a letter of offer for casual usher work at the Royal Agricultural Society of NSW (RAS) Easter Show in March 2025. The offer was subject to an expiry date and electronic signing via HR Onboard. Following inquiries about RAS’s onboarding process, RAS withdrew the job offer. the Applicant then filed an application with the Fair Work Commission in March 2026 seeking assistance resolving a dispute related to this fixed term contract.
What was decided
The Fair Work Commission dismissed the Applicant's application. The Deputy President found he was not eligible to bring the application because he was never considered an employee of RAS under the Fair Work Act. The Commission only has jurisdiction to deal with disputes involving national system employees, and no employment relationship existed before RAS withdrew the offer. The decision highlights that a contract can be made but an employment relationship may not form.
What it means for employers
Employers should ensure they understand the legal definition of 'employee' under the Fair Work Act when offering contracts. A signed contract alone does not automatically create an employment relationship, particularly with fixed term or prospective offers. Withdrawing a job offer before an employment relationship begins can avoid potential liability for breach of contract.
What it means for employees
Employees should be aware that simply accepting a job offer doesn’t guarantee an employment relationship exists. If a job offer is withdrawn before work commences, it may not trigger protections under the Fair Work Act’s dispute resolution processes.
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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 →