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Associated Entity Case summaries

Associated entities See also Small business employer & Subsidiary companies (issues concerning) for further case summaries [2010] FWA 5374 Qld Adams v Condamine Catchment … Corp. Ltd (A contended that R had associated entities – namely the Landcare Group, such that it was not a small business employer – s50AAA(3) & (6) of the Corporations Act considered – no control or shareholdings – the Landcare Group not associated) [2010] FWA 9329 NSW Ho v Horizon Iris P/L (the A’s employment as a duty manager at the Forbes hotel was terminated after eight months – A “maintained that the real employer was Iris Group Management Pty Ltd, a company which owns and operates a number of other hotels [and that R was therefore not a ‘small employer]. He submitted that the Corporations Act 2001’s definition of ‘associated entities’ was satisfied in that Iris Group Management Pty Ltd (the Principal) controls the associated entity and/or a third entity controls both the Principal and the associate … [R] claimed that Iris Group Management Pty Ltd is a ‘banner’ consultancy company which strengthens the buying power for the Group. It does not own or operate anything” @5-6 – “the entity known as Iris Group Management Pty Ltd is a payroll / administration company which pays all of the employees at the Forbes Hotel from monies which are remitted to it from the operators of the Forbes Hotel, being the shareholders of the company known as Horizon Iris Pty Ltd. As its very name suggests, it is a management company of a Group … I do not accept the characterisation of such a payroll/administration...