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Tooheys Enterprise Agreement

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In addition, Full Bench indicated that the FP Group, as an employer, had entered into an enterprise agreement under the Workplace Relations Act 1996 (Cth) and that this enterprise agreement concerned Tooheys` plaintiffs and other delivery assistants. There were also other documents suggesting that the FP group was the real employer of the complainants in it. Tooheys entered into a five-year employment contract with Feyman Pty Ltd (Feyman) (1991 Labour Hire Agreement). The scheme was implemented by Tooheys, who terminated the employment of 19 electrical craftsmen, who then continued their work in the brewery, on the condition that they were now employed by Feyman and that Toohs was supplied in accordance with the 1991 employment contract. Two former Tooheys employees, Trevor Gorman and Dennis Gaffney, were Feyman`s first directors. Full Bench acknowledged that formal agreements, such as employment contracts and the labels used in them, can be a sham of regulation if “other facts show that these agreements are not genuine.” In this case, however, the provisions and labels were correct. What is important is that the FP Group had established itself as a fully independent company, that it was legally and structurally independent of Tooheys, that it supplied labour to other companies and that it had separate premises with a number of permanent directors. Mr. Gorman and Mr. Gaffney became directors of another related company, FP Group Pty Ltd (FP Group). In 1997, the FP Group signed a new three-year contract with Tooheys, under which it would also provide mechanical and electrical services (1997 work lease). Another contract was concluded in 2002 (2002), which initially lasted three and a half years, but continued at the end of that period. Article 9 of the 1997 and 2002 employment contracts provided that nothing in the agreements would be considered “workers provided by the FP group as employees of Tooheys”.

Full Bench also found that the FP Group had not acted as Tooheys` agent for the applicants` employment. Full Bench found that Article 9 of the 1997 and 2002 employment contracts “explicitly denies any relationship between the client and the agent between Tooheys and the FP group” and “does not result in any other provision of the agreements for the creation of an agency relationship.” Full Bench agreed that the FP group was the true employer of laid-off workers. Full Bench indicated that the FP group had been considered an employer in the formal agreements and found that the FP group had hired the candidates, entered into employment contracts with them, paid them and paid aging dues on its behalf. In addition, in accordance with the 2002 labour lease, the FP Group provided applicants with clothing and other tools, paid for their introductory training and was responsible for their rights, including salary and annual leave. 1See z.B. the decisions of the Us National Labor Relations Board in Goodyear Tire – Rubber Co 312 NLRB 674 (1993) and American Air Filter Co 258 NLRB 49 (1981). In this brief text, we review Full Bench`s decision and explain its impact on employers who have entered into or are proposing employment contracts. In 2011, Tooheys restructured its engineering department. In October 2011, Tooheys informed some FP Employees that their services at the brewery were no longer required. On October 24, 2011, Tooheys ended its relationship with the FP Group and replaced it with another work company. The FP Group continued to pay its employees until January 28, 2012.

Full Bench found that the finding that Tooheys and the FP group were joint employers would result in “a very significant change in the common law”, and such a finding was excluded by the fact that the FWC`s role as a legal jurisdiction does not extend to the development of the common law.

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