|
While it has been over a year now since WorkChoices was introduced, many organisations still harbour some uncertainty about whether the Federal workplace relations system applies to them or not. From the recent case law that is emerging on this issue, it seems there are still areas of grey in which it may not be readily apparent whether or not an employer is a ‘constitutional corporation’ and therefore caught by WorkChoices.
Only last month the New South Wales Industrial Relations Commission ruled that an incorporated employer was not a trading corporation and therefore did not fall within the scope of WorkChoices.
So who’s covered and who’s not? This article provides a brief overview of the WorkChoices coverage, with specific reference to two recent cases - the first of which considered the coverage of WorkChoices in the context of an incorporated association which was engaged in trading activities, and the second which examined the particular trust arrangements of the employer.
Click on the PDF link to download a full copy of this paper.
| 
