TERMINATION OF EMPLOYMENT – national system employer – ss.365, 388 Fair Work Act 2009 – application to deal with general protections contravention involving dismissal – respondent submitted not a national system employer – submitted was a partnership of five natural persons and two corporations, and corporations were not engaged in any trading or financial activities in their own right and were not formed for purpose of either – respondent highlighted corporations were expressly excluded by Partnership Deed from taking any part in management or operations of respondent or having power to bind partnership – applicant submitted, inter alia, that a finding that some but not all of partners were engaged in trade would be inconsistent with Partnerships Act 1985, and that restriction on power of corporate partners to bind partnership post-dated applicant’s employment – whether or not corporate partner is a trading corporation is critical in determining whether or not partnership is a national system employer [Goldendays] – Commission satisfied material indicated corporate partners derive income either exclusively or almost entirely from distribution of respondent’s profits, and Partnership Deed precludes corporate partners from taking part in management operations or having power to bind partnership – no evidence to suggest trading even a peripheral activity for either corporate partner or that intended purposed of their corporate partner was trade – Commission not satisfied applicant’s reading of Partnerships Act 1985 correct – Commission satisfied corporate partners not trading corporations and that respondent not a constitutional corporation and therefore not a national system employer – application dismissed. Greville v KM Elsegood Smith & BK Elsegood & DK Elsegood & DS Elsegood & SM Elsegood & Elsegood Holdings P/L & Falconcrest Holdings P/L t/a Combined Metal Industries
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