the Applicant v The Trustee For Brelga Unit Trust
Citation: [2026] FWC 2655
What happened
the Applicant commenced a partnership with a co-worker in September 2023 under Brelga Unit Trust (ETPM), managing property management. The partnership ended in October 2025 due to the Applicant's legal proceedings. He also assisted in acquiring Essential Strata Management, transitioning into a consultancy role with monthly retainers. the Applicant initiated an unfair dismissal claim against The Trustee for Brelga Unit Trust, alleging employment and seeking remedies.
What was decided
the Commissioner found that the Applicant was not an employee of Essential Strata Management Pty Ltd. Consequently, the Commission lacked jurisdiction to hear his unfair dismissal application. The decision hinged on the absence of a formal employment contract, wages, or benefits, despite the Applicant's claims of integration within the businesses and representation as a director. The partnership agreement email from September 2023 was considered significant.
What it means for employers
Employers should ensure clear documentation exists to define working relationships, particularly when involving partnerships or consultancy arrangements. Lack of formal contracts and wage payments can undermine claims of employment status, impacting jurisdictional issues in Fair Work disputes. Regularly review the nature of worker classifications to avoid misclassification risks.
What it means for employees
Employees should obtain written agreements outlining terms of employment, including wages, benefits, and job titles. If a relationship is intended as an employment arrangement, ensure it's formalized with proper documentation to support claims in case of disputes. Be aware that informal arrangements may not provide the same protections as formal contracts.
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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 →