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Two workers have failed to convince the Fair Work Commission they were engaged under sham contracts, after their company separately launched legal action as a service provider.

In July 2021 the director of contracting company Jamrok filed an unfair dismissal application against construction company Broadway Homes. On the same day her son, who had been working as a sales manager, filed a general protections claim against the same company.

Before Commissioner Bruce Williams the pair claimed it wasn't until their alleged dismissal that they realised Jamrok's contract with Broadway was a sham and they were in fact Broadway employees.

The sales manager said that at the time of his "dismissal" he had been working with Broadway since 2019. He opened display homes every weekend, wore Broadway branded polo shirts, had a Broadway email address and Broadway business cards...