Where partnerships (not individuals) are the contracting parties, are jointly and severally liable for performance, invoice and receive payment together as partners, and own and operate substantial equipment, the relationship is not one of employment of the individuals as employees.

Where a labour hire employee's incapacity to work on a host site arises directly from the host employer's prohibition on returning to that site, and the labour hire employer has contractually obliged to remove the employee if instructed, and has genuinely exhausted efforts to find alternative employment, the labour hire employer may have a valid reason relating to capacity to terminate the employment.

An officer, employee or agent acts 'on behalf of' a body corporate in a wide sense that casts a much wider net than conduct by servants in the course of employment, and the question is whether the employee was performing a function of a kind which he was employed to do.

A partnership is a relation between persons carrying on a business in common with a view of profit. The holding of convertible preference shares does not constitute a partnership in law, regardless of whether the relationship is described as a 'partnership' or 'strategic partnership' in public statements.

An employee working on a regular and systematic basis for multiple associated entities within a corporate group may be considered employed by the parent or principal entity for continuity purposes; transfers between associated entities do not break continuity of employment.

The corporate veil may be lifted where the parent company exercises complete dominion and control over the subsidiary, and the subsidiary operates without independent resources or commercial identity separate from the parent.

For an agent to have apparent or ostensible authority to bind a principal, there must have been a representation of authority made by the principal itself, not merely by the agent; the company's conduct must be the source of the representation, not the officer's conduct alone.

A partnership has no separate legal personality but may be actively carried on by a managing partner or manager. All partners can participate in management subject to the partnership agreement. There is no requirement in law that a partnership must have a CEO; the role may be abolished and resumed without legal impediment.

Two or more employers are single interest employers if they are engaged in a joint venture or common enterprise, regardless of which employer will formally employ the workers covered by the agreement.

Confusion about employer identity between multiple potential employers may be understandable and correctable by amendment, but does not necessarily overcome a time limit barrier on the merits.

Where an Australian company undertakes recruitment, payment, and administrative functions on behalf of an overseas employer at the overseas employer's instruction and with reimbursement of all costs, this does not establish the Australian company as the employer.

A trust and its trustee company are not separate legal entities; the trust operates through its trustee, and therefore the fact that a company is trustee for a trust does not alter the conclusion that the company is the employer.