Application by the Applicant to deal with a dispute about changing from casual employment
Citation: [2026] FWC 3054
At a glance
- Employees affected
- 1
What happened
The Applicant, a casual teacher at Macquarie University since 2023, notified the university on November 5, 2025, that he believed his employment no longer met the requirements of casual employment under the Fair Work Act. The university did not accept this notification. Following unsuccessful attempts to resolve the dispute through meetings and written communication, the Applicant lodged a formal dispute with the Fair Work Commission. Evidence emerged during proceedings regarding potential inconsistencies between the Macquarie University Academic Staff Enterprise Agreement 2023 and the National Employment Standards (NES).
What was decided
The Fair Work Commission found that the Applicant did not meet the definition of a casual employee when he provided his notification to Macquarie University. The Commission was required to disregard any conduct occurring after the notification date, including changes in teaching arrangements in Semester 2 of 2026. The Commission can only make an order if it is satisfied it would be fair and reasonable to make the order and must have regard to whether substantial changes to the employee’s terms and conditions would be required to ensure compliance with a fair work instrument.
What it means for employers
Employers should carefully assess whether employees meet the definition of casual employment, particularly after an employee notifies them they believe their status has changed. Employers must also disregard any conduct occurring after the notification date when evaluating the situation. It is important to understand and comply with the new provisions regarding employee choice notifications and employer responses.
What it means for employees
Employees who believe they are incorrectly classified as casual employees should follow the prescribed process for notifying their employer and seeking a change in employment status. Employees should be aware that any changes in work arrangements after providing notification will not be considered during dispute resolution.
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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