Working proprietors of large-scale dealership or franchise enterprises who are entrepreneurs conducting businesses of significant scale with hundreds of employees do not perform work 'in an industry' pursuant to the dealership agreements for the purposes of s 106(1) of the Industrial Relations Act 1996 (NSW). The contract or arrangement 'whereby' they perform work is their arrangement with their own company, not the dealership agreements with the manufacturer. The further away the relevant contract or arrangement is from something resembling an employer/employee relationship, the less likely it is to satisfy the statutory 'hinge'. Section 106(2A) cannot assist where the prerequisite contract 'whereby a person performs work in an industry' does not exist.
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