Fair Work Commission|2025-10-08

Ivana Rogic Jodi-Ann Johnston Yasmine Vekis Shareena Hayes Rachelle Hausler Victoria Haggerston Tracy Loughry Chantel Goldspink Baenedict K Thiveanathan Christine Millard Constance Margaret Devine Alen Jokic Thi Kim Khanh (Kim) Nguyen Stacey Cowling Christine Dunlop v MS Society SA/NT [2025] FWC 2997 (8 October 2025)

The attached document replaces the document previously issued with the above code on 8 October 2025.

s.333L - Application to deal with a dispute about a fixed term contract

Application to deal with a dispute about a fixed term contract

[1] An application to deal with a dispute about a fixed term contract pursuant to s.333L of the Fair Work Act 2009 (Cth) was filed by the following employees (the Applicants) against Multiple Sclerosis Society SA & NT (the Respondent):

[2] On 8 September 2025, 19 September 2025 and 30 September 2025 I conducted Conferences in relation to the disputes. As all of the applications involved the same factual matrix, and with the consent of the parties who appeared, the applications were dealt with together.

[3] By way of background, the Respondent initially engaged each the Applicants on fixed term contracts. There is a factual dispute about extension/changes to these contracts. The Applicants employment ended as a result of the loss of certain contracts by the Respondent. The Applicants contend that they became ongoing employees and are therefore entitled to redundancy pay. The Respondent says that the Applicants remained on fixed term contracts and are not entitled to redundancy pay under the NES. With the Respondent now in administration, this dispute may be relevant to determine the employees' entitlements under the FEG Scheme.

[4] On 8 September 2025, the key issues were discussed and the matter was adjourned for the Applicants to seek legal advice.

[5] On 19 September 2025, the matter was adjourned to allow the Respondent to seek legal advice.

[6] On 25 September 2025, the Respondent emailed my Chambers and advised it went into voluntary administration, that an administrator had been appointed and that the Respondent did not consent to the FWC arbitrating the dispute.

[7] A final conciliation conference was conducted on 30 September 2025. The matter was unable to be resolved.

[8] I note the Applicants have also filed a dispute in the South Australian Employment Tribunal (SAET).

[9] In light of the Respondent's position not to consent to arbitration, the Commission does not have the jurisdiction to determine the dispute.[1]

[10] Further to the reasons handed down on transcript at the Conference on 30 September 2025 (in particular, the Applicant's failure to prosecute her claim) and pursuant to s.587(3)(a) of the Fair Work Act 2009, the application by Ms Chantel Goldspink (C2025/8656) is dismissed.

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