Continuity of Employment for Apprentices - NSWIRComm Decision
⚖️ Legal holding
An employer must demonstrate an intention to enter into legal relations with an apprentice to establish a contract of employment.
📚 Full judgment
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⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The apprentice was employed by Western Sydney Regional Organisation of Council Group Apprentices, not the Fairfield City Council.
- There was no evidence showing an intention to enter into legal relations between the apprentice and the Council.
❌ Tends to be rejected
- The fact that the Council paid the apprentice under its agreement did not indicate a direct employment relationship with the Council.
- Filling out Council timesheets for payment purposes does not establish a contract of employment with the Council.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant was not found to be continuously employed by Fairfield Council during his apprenticeship.
Which laws or rules were applied?
The Apprenticeship and Traineeship Act 2001 (NSW) and the Local Government (State) Award 2004 were applied.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they need to provide strong evidence showing an intention to enter into legal relations with their employer to establish a contract of employment.
What evidence or documents mattered?
The evidence and documents that mattered included the Indenture of Apprenticeship, the Council Agreement, and the absence of any formal contract between the claimant and the Council.