FWC examines if integrated business operations support claim for separate entities to be seen as single employer
The Fair Work Commission (FWC) recently dealt with a dismissal case involving a training manager who argued his casual employment across multiple associated entities counted toward the minimum employment period.
The worker said his casual employment across three franchise locations operated by associated entities should be combined to meet the six-month minimum employment period requirement.
He maintained that his work pattern demonstrated regular and systematic engagement despite varying hours and locations, creating reasonable expectations of continuing employment.
The employer contested the employment duration calculation, arguing the worker's casual engagement was sporadic and irregular, insufficient to meet legislative requirements for unfair dismissal protection.
The employment relationship involved a golf and entertainment company operating three franchise locations through separate legal entities under common ownership and control.
The business owner operated locations in different cities, all controlled by a corporate trustee structure with shared directorship and management oversight.
During proceedings, the owner confirmed that all three franchises were separate entities controlled by a corporate trustee of which he was a director.
He acknowledged purchasing the businesses at different times between...
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