Application by the Applicant
Citation: [2026] FWC 2769
At a glance
- Employees affected
- 1
What happened
The Applicant, through her company Jonrad Pty Ltd, provided parcel delivery services to BESB Couriers, which contracts with Australia Post. Initially, the Applicant worked under a contract between Jonrad and BESB Couriers, which ended on September 28, 2025. She then performed deliveries directly for BESB Couriers from November 12, 2025, without signing a formal subcontractor agreement. Issues arose including van breakdowns, absences during peak periods, complaints about her delivery performance and a comment she made suggesting she would only return to the Toukley run if a full-time driver wasn't found. On February 5, 2026, BESB Couriers informed the Applicant via text message that they had found a full-time driver for the Toukley area.
What was decided
The Fair Work Commission ruled that the Applicant was ‘terminated’ within the meaning of the Fair Work Act. The Commission rejected BESB Couriers' argument that no services contract existed due to the lack of a signed agreement. It found that an oral, unwritten services contract existed for the Applicant to perform deliveries in the Toukley area. The text message informing her of a replacement driver constituted termination. The jurisdictional objection raised by BESB Couriers was dismissed.
What it means for employers
Employers should be aware that a formal written agreement isn't always required to establish a services contract. Oral agreements and conduct can create contractual obligations under the Fair Work Act. Failing to provide work after informing an individual of a replacement driver can constitute termination, even without a formal notice.
What it means for employees
Employees providing services through a company should be aware that their working arrangements can still be considered employment for legal purposes, even if structured as a contract for services. Termination can occur through actions and communications, not just formal written notices.
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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