Chad Lewis [2025] FWC 3652 (1 December 2025)

s.536LU - Application for an unfair termination remedy

Application for an unfair termination remedy - whether 'terminated'

• [1] Mr Chad Lewis applied to the Commission for an unfair termination remedy under s.536LU of the Fair Work Act 2009 (Cth) (the Act) in relation to his former employment with Traccorp Pty Ltd (Traccorp). Applications of this kind can be made under s.536LU by a person who has been 'terminated'.

• [2] The meaning of 'terminated' is found in s.536LL of the Act. A person has been 'terminated' if they performed work as a regulated road transport contractor under a services contract, and a road transport business received services under that contract, and the services contract was terminated by, or as a result of conduct of, the road transport business. Many of the terms used in this definition are also defined terms for the purposes of the Act.

• [3] 'Regulated road transport contractor' is defined in s.15Q to mean a person (which may be an individual, a director of a body corporate or their family member, or the trustee of a trust, or a partner of a partnership) who is party to, and performs work under, a services contract, and

1. who performs all, or a significant majority of the work to be performed under the services contract,
2. who does not perform any work under the services contract as an employee, and
3. who performs the work in the road transport industry, and
4. who is not an employee-like worker in relation to that work.

• [4] 'Road transport business' means a business that receives services under a services contract that provides for the performance of work in the road transport industry, or a prescribed constitutional corporation (s.15R).

• [5] A 'services contract' is a contract for services that has the 'requisite constitutional connection' and relates to the performance of work under the contract by an individual. An example of a constitutional connection include where at least one party to the contract is a constitutional corporation (s.15H). A services contract is different to an employment contract.

• [6] It is not in dispute that Mr Lewis was an employee of Traccorp. He was employed as a firefighter under the Fire Fighting Industry Award 2020 (Fire Fighting Award). The work he performed for Traccorp (and which is the subject of his application) was performed in his capacity as a full-time employee. It was not work performed under a services contract, and Mr Lewis was not a regulated road transport contractor for the purposes of s.15Q of the Act in relation to his employment with Traccorp.

• [7] I am also not persuaded that Traccorp is a 'road transport business' for the purposes of s.15R. There is no evidence that it receives services under a services contract providing for work in the road transport industry, or that the work performed by Mr Lewis was work in that industry. 'Road transport industry' is defined in s.15S of the Act. It means one of the industries covered by a modern award listed there, or any other industry prescribed by the regulations.

• [8] The parties agree that Mr Lewis was covered by the Fire Fighting Award. If so, he was performing work in the 'fire fighting industry' as defined in that award rather than in one of the industries covered by the modern awards listed in s.15S. No industry has yet been prescribed by the regulations for the purposes of s.15S(1)(f).

• [9] On the evidence, Mr Lewis has not been terminated for the purposes of s.536LL. He is not entitled to apply to the Commission for an unfair termination remedy under s.536LU.

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