the Applicant v Aurora Construction Materials Pty Ltd
Citation: [2026] FWC 2646
At a glance
- Employees affected
- 1
What happened
the Applicant commenced working for Workforce Extensions Footscray (WEF) in February 2026, and was assigned to Aurora Construction Materials Pty Ltd. The arrangement ended in May 2026 due to a lack of work at Aurora. the Applicant claimed Aurora had offered him direct employment but retracted the offer after he disclosed previous mental health issues. WEF’s director, Ben Kresse, confirmed the Applicant was employed by WEF and offered alternative work.
What was decided
The Fair Work Commission dismissed the Applicant's application under section 365 of the Fair Work Act. The Commissioner found that the Applicant was not an employee of Aurora Construction Materials Pty Ltd, nor was he dismissed. To be eligible for a s 365 claim, an applicant must have been dismissed from employment, which did not occur in this case.
What it means for employers
Employers using labour hire companies should ensure clarity regarding the employment relationship and responsibilities. This decision highlights that simply assigning workers to a site does not create an employer/employee relationship. Employers need to be aware of potential claims if they appear to offer direct employment then retract it.
What it means for employees
Employees working through labour hire agencies must understand who their actual employer is. A claim under s 365 requires being dismissed by the company you are employed by, not a client site where you work.
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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 →