Associated entities and whether small business employer“The uncontested evidence before the Commission as to the relationship between the various carpet court entities demonstrates clearly they are under common or similar ownership and direction. The expression ‘associated entity’ as applied in the Act is “an expression of wide scope”: Clermont Coal Pty Ltd v Brown [2015] […]
The issue whether to count employees of associated entities which are based overseas has been somewhat of a vexed issue for the Fair Work Commission when determining whether or not an employer is a small business employer for the purposes of either jurisdiction or the Small Business Fair Dismissal Code. Here is a very recent […]
The size of an employer is important in several areas of the Fair Work Act, and thus the system of industrial relations in Australia. For example there are substantially different rules which apply in an unfair dismissal case depending upon whether the employer is a small business employer or not. S.23 of the Act defines […]
Under the Fair Work Act, the amount of statutory redundancy which must be paid in the event of a redundancy depends upon the employee’s “period of continuous service with the employer on termination”; see sec 119. Recently I have been asked to provide advice to several employer clients about their liability to include an employee’s service with […]
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