Rixton v Wantirna Village Services Association Inc

Rixton (the applicant) brought proceedings against Wantirna Village Services Association Inc (the respondent) concerning alleged breaches of employment terms and conditions. The matter was heard by His Honour Judge J D Wilson QC.

The court was required to determine whether the respondent, a small business employer, had contravened section 44(1) of the *Fair Work Act 2009* (Cth) in relation to the applicant's employment. Specifically, the court considered whether the respondent was obligated to pay a uniform allowance and a laundry allowance under the Nurses Award, and whether the applicant was entitled to redundancy pay. The court also considered whether the respondent was an "associated entity" of another entity under section 50AA(2) of the *Corporations Act 2001* (Cth).

Regarding the industrial law issues, His Honour found that there was no contravention of section 44(1) of the *Fair Work Act 2009*. The court reasoned that the respondent had no obligation to pay a uniform or laundry allowance because the applicant was not required to wear or launder a uniform in the course of her employment, and to do so would have resulted in a windfall gain. Furthermore, the respondent, as a small business employer, was exempt from paying redundancy pay by reason of section 121(1)(b) of the *Fair Work Act 2009*. On the corporations law issue, the court determined that the elements of section 50AA(2) of the *Corporations Act 2001* were not met, as the controlling entity chose not to exercise its contractual rights in a real and practical sense, despite an interlocking and complex framework of contracts.