TERMINATION OF EMPLOYMENT – identity of employer – labour hire – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent objected on basis that it did not employ applicant, he was employed by a labour hire company Reddy’s General Services (RGS) – whether applicant an employee of respondent – applicant signed a contract with RGS – respondent contracted RGS to provide labour – RGS sent applicant to perform work at Nissan Casting Plant Dandenong, but he could be relocated to other sites – RGS uniform was too small for the applicant so he wore his own clothes on site – employees of the labour hire companies wore different uniforms that were visually distinguishable from employees of respondent – clothing worn by applicant similar to RGS uniform – applicant received payslips from RGS – respondent supervisors directed applicant’s work – RGS texted applicant that respondent did not require him to attend work again – applicant lodged unfair dismissal application – Commission found the signed employment contract was evidence applicant was employed by RGS – RGS’ lack of contact was not unusual for labour hire agreements – respondent supervisor directing applicant’s work was not unusual – Commission not satisfied applicant was employed by respondent – application dismissed. Cresp v Nissan Casting Plant (Australia) P/L
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