Is a discretionary trading trust with a corporate trustee a "constitutional corporation" under Work Choices?
If employees are employed by Trustee Pty Ltd as trustee for Trading Discretionary Trust, is the employer regarded as a "constitutional corporation" under the Work Choices laws (which would bring the employees under federal employment laws, rather than under state awards)?
Public Comments
- Corporations and trusts are different entities. Trusts are not publicly traded. I would have to say "no" to your question, but you should seek a second opinion from someone familiar with the industry you're involved with.
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