TERMINATION OF EMPLOYMENT – identity of employer – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant made an application for a remedy in respect of his dismissal by his employer, which he identified as ‘3D Scaffolding’ – a Form F3 – Employer Response to Unfair Dismissal Application (Form F3) was filed by Steric Solutions P/L – Steric Solutions filed the Form F3, rather than an entity identified as ‘3D Scaffolding’, because Steric Solutions asserted that, at all relevant times, it was the employer of the applicant – 3D Scaffolding P/L also said the proper employer was, at all relevant times, Steric Solutions – applicant maintained that 3D Scaffolding P/L and not Steric Solutions was his employer – necessary to determine the identity of the applicant’s employer – there were a number of companies that made up the group of companies owned and operated by various members of the Docherty family (Docherty Group Companies) – they were 3D Scaffolding Admin P/L, 3D Scaffolding P/L and Steric Solutions P/L – not surprising if the complex web of arrangements was beyond the comprehension of an unskilled (non-family member) employee of any of the Docherty Group Companies – when there were group company arrangements in place most employees paid little attention to who might be their actual employing entity so long as they got paid each week for the work they did – Commission held that in the corporate labyrinth that was the Docherty Group Companies it was suggestive of a situation where, as between 3D Scaffolding (and its employees and owners) and Steric Solutions (and its employees and owners), there was a sharing of control and supervision of the applicant – consequently, the issue of the possibility of joint employment might arise – Damevski v Guidice and FP Group P/L v Tooheys P/L considered – Commission satisfied that Steric Solutions was, at all times, the real and effective employer of the applicant – Order amending the name of the respondent issued with the decision – matter to be relisted to determine whether the dismissal of the applicant by Steric Solutions was harsh, unjust or unreasonable – directions to be issued. Trialonas v 3D Scaffolding P/L
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