6 June 2023
By Patrick Walsh
Employment, Workplace Relations & Safety
From Fixed Term to Permanent
The Full Bench of the South Australia Tribunal clarifies that the Tribunal has the power to make an order under section 18 that changes the legal nature of the employment relationship
In a recent decision of Forestry SA v Morphett [2023] SAET 39 the Full Bench considered an appeal which raised the question as to whether an order can be made, pursuant to section 18 of the Return to Work Act 2014 (SA) (‘the Act’), for the provision of permanent full-time employment to an employee who had been employed pursuant to a fixed term contract of employment that had expired.
Mr Morphett had been employed pursuant to a fixed term contract as a seasonal Forestry Management Worker when, on 22 December 2016, the trunk of a tree fell on him and he sustained a significant injury to his left shoulder. As a consequence of his injury, Mr Morphett was left with a permanent partial incapacity for work.
Following his injury, Mr Morphett returned to light duties and made a graduated return to work. Of relevance, Forestry SA continued to offer Mr Morphett fixed term contracts for periods of work and provided Mr Morphett with, among other things, duties as a Ranger.
On 28 November 2018, Forestry SA provided Mr Morphett with notice that his employment would cease on 13 December 2019 at the expiry of his contract and that he would not be offered further periods of employment.
Mr Morphett brought an application pursuant to section 18 of the Act and sought employment as a Ranger on a permanent full-time basis.
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