INDUSTRIAL LAW - s 354(1) Fair Work Act 2009 (Cth) (FW Act) - principal contractor ADCO terminated engagement and cancelled further engagement of subcontractor Surf City Cranes Pty Ltd (SCC) - whether ADCO contravened s 354(1) - reversal of onus of proof - whether termination and cancellation of SCC for prohibited reason - subcontractor workers covered by non-union enterprise agreement - substantive and operative reason for termination and engagement - pressure on ADCO from union to remove SCC - prospect of union disruption to ADCO projects - ADCO under pressure to finish projects within time and budget - SCC dispensable to ADCO - SCC replaced with another subcontractor without union enterprise agreement - lack of union enterprise agreement to which workers and union were party was not substantial or operative factor in termination and cancellation - whether ADCO manager contravened s 354(1) - whether manager refused to further engage SCC - whether alleged refusal based on reasons prohibited by s 354(1) - SCC subsequently engaged on other ADCO projects
INDUSTRIAL LAW - whether SCC "employer" for purposes of s 354(1) FW Act - Crane Hire Pty Ltd (Crane Hire) labour hire company in group - whether Crane Hire was "employer" of workers in group business - intention of group directors - employees aware that Crane Hire was employer - rational explanation for group business structure - business structure no sham - SCC "public face" of corporate group - corporate documentation recorded Crane Hire as employer - SCC not employer
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