Mr. Gorman and Mr. Gaffney became directors of another related company, FP Group Pty Ltd (FP Group). In 1997, the FP Group signed a new three-year contract with Tooheys, under which it would now provide both mechanical and electrical artisanal services (1997 employment contract). In 2002, another contract was concluded (2002 employment contract), initially for 3 and a half years, but which continued to be applied at the end of this period. Article 9 of the 1997 and 2002 employment contracts provided that nothing in the agreements would be considered as `workers provided by the FP group as employees of Tooheys`. Full Bench also found that FP Group had not acted as an agent of Tooheys with respect to the applicants` employment. Full Bench stated that clause 9 of the 1997 and 2002 employment contracts „expressly denied any relationship between the principal and the agent between Tooheys and FP Group“ and „no other provision of the agreements had the effect of creating an agency relationship“. Full Bench also found that FP Group, as an employer, had entered into a company agreement under the Workplace Relations Act 1996 (Cth), and that company agreement included applicants and other workers made available by tooheys. Other documents also revealed that the PS group was the real employer of the candidates. The Full Bench acknowledged that formal agreements, such as employment contracts and the labels used in them, can constitute a false agreement if „other facts demonstrate that these agreements are not genuine.“ However, in this case, the provisions and labels were correct. It is important that the FP Group has established itself as a fully independent company, that it is legally and structurally independent of Tooheys, that it provides labour to other companies and that it has its own premises with a number of permanent directors. Tooheys concluded a five-year employment contract with Feyman Pty Ltd (Feyman) (1991 Labour Hire Agreement) in 1991.
The agreement was implemented by Tooheys by terminating the employment of 19 electrical craftsmen who then continued to work in the brewery, provided they were now employed by Feyman and delivered to Tooheys in accordance with the 1991 employment contract. Two former Tooheys collaborators, Trevor Gorman and Dennis Gaffney, were Feyman`s first directors. The case involved a brewery run by Tooheys in Lidcombe, New South Wales. Until 1991, the electrical work in the brewery was carried out by workers from Tooheys. The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought on your specific circumstances. In 2011, Tooheys restructured its engineering department. In October 2011, Tooheys informed a number of FP Group employees that their services would no longer be needed at the brewery. On October 24, 2011, Tooheys ended its relationship with the FP Group and replaced it with another temporary employment agency. . . .
