Decision any day now in high-stakes Tennis Australia “volunteer vs employee” fight

(Getty Images - Aaron Foster)

It was first reported by the Sydney Morning Herald on November 1 last year, "Code Violation? Tennis Australia under fire from ousted officials" by Chris Barrett.

A detailed account of the termination of four elected directors of Tennis Officials Australia, who also worked as tennis officials for Tennis Australia, following confidential communications to members raising concerns about officiating conditions and governance matters.

The affected directors brought general protections claims against Tennis Australia through the Fair Work Commission.

In response, Tennis Australia raised jurisdictional objections, including:

• In one case, that the director’s employment ended following their last engagement at the Australian Open in January 2025, such that the 14-day period under the Fair Work Act is said to have commenced at that time, requiring a claim to be filed in January in respect of an alleged termination that did not occur until October 2025; and

  
  

• In another, that the director was a “volunteer” rather than an employee, and therefore not entitled to the protections of the Fair Work Act - as reported in “Tennis Australia moves to have David v Goliath battle with officials thrown out of court”, Chris Barrett, The Sydney Morning Herald, 23 November 2025).

The last Fair Work hearing took place on the 9th February this year, and it is expected the Commission’s decision will be handed down very soon, as they try to adhere to a 12-week deadline.

These positions raise broader issues concerning the classification of sports officials and the extent to which organisations may seek to characterise workers as volunteers while exercising significant control over their work, including requiring extended hours without pay.

It is expected the forthcoming decision will address these jurisdictional arguments.

It is likely to have significance beyond this dispute, particularly in relation to worker classification and access to workplace protections.

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