the Applicant v the Respondent
Citation: [2026] FWC 3039
At a glance
- Employees affected
- 1
What happened
the Applicant commenced work with Rye Stairs Pty Ltd on March 4, 2026. There was no written employment agreement. the Applicant says he was required to obtain an ABN and submit invoices but essentially worked as part of the company's business. After injuring his finger at work on March 12, 2026, and needing time off, Rye Stairs Pty Ltd sent a text message terminating his engagement on April 13, 2026.
What was decided
The Fair Work Commission dismissed Rye Stairs Pty Ltd’s objection that the Applicant was not an employee. The Commission proceeded to conduct a conference to deal with the matter under s 368 of the Act. The Commission's function in this matter is now concluded.
What it means for employers
Employers should be aware that requiring workers to obtain an ABN and submit invoices does not automatically classify them as independent contractors. The practical reality of the working arrangement will be considered when determining employment status, particularly under s 15AA of the Fair Work Act.
What it means for employees
Employees who believe they have been unfairly dismissed or subjected to adverse action should seek legal advice and consider making an application under the Fair Work Act. Even without a formal contract, a worker can be considered an employee for the purposes of workplace laws.
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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 →