the Applicant v Services Australia
Citation: [2026] FWC 2689
At a glance
- Employees affected
- 1
What happened
the Applicant worked as part of an Indigenous Apprenticeship Program at Services Australia from September 2023. She participated in Informal and Formal Support Plans due to performance concerns. Clause I11.9 of the Services Australia Enterprise Agreement allowed her to consent to termination, receiving a lump sum payment for the remaining assessment period. the Applicant ultimately consented to termination via email and a signed document, believing it was her only option. Her employment was terminated on October 17, 2025.
What was decided
The Fair Work Commission found that the Applicant’s employment was terminated, even though she consented to the action. The Commission dismissed her unfair dismissal application because Services Australia had a valid reason for termination related to her performance and the Enterprise Agreement allowed for consent-based termination. While acknowledging the Applicant's difficulties, the Commission stated she had other options available besides consenting to termination.
What it means for employers
Employers should ensure employees understand their rights and options during performance management processes. Offering clear alternatives to termination, even when an agreement allows for consent-based exits, can mitigate potential disputes. It is important to document all communications and consider the employee's perspective.
What it means for employees
Employees facing performance issues should explore all available options within their Enterprise Agreement or modern award before consenting to termination. Seek clarification from your employer about alternatives and understand the implications of any agreement you enter into.
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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 →