the Applicant v Total Support Services Pty Ltd trading as Total Support Services
Citation: [2026] FWC 3166
What happened
the Applicant worked for OnTrack Tasmania from January 2025. Total Support Services Pty Ltd bought OnTrack Tasmania’s business in December 2025. the Applicant then began working for Total Support Services. He was dismissed in May 2026. the Applicant claimed unfair dismissal and argued his previous service with OnTrack Tasmania should count towards his employment period. Total Support Services disagreed.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The Commission found Total Support Services clearly informed the Applicant in writing before he started that his previous service would not count towards a qualifying period. This met the requirements of the Fair Work Act.
What it means for employers
Employers purchasing a business must ensure employees are clearly informed about how previous service will be treated. Written contracts can be used to communicate this, but the wording must be unambiguous. Failing to do so could impact an employee’s unfair dismissal protections.
What it means for employees
If your employment transfers to a new business, check if your previous service will be recognised. Review any written agreements carefully to understand how this affects your employment entitlements and qualifying periods.
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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