ARTICLE
31 March 2013

Directors’ Liability: Accessorial liability under the Fair Work Act 2009 (Cth)

Company directors and others who run businesses must ensure they personally avoid becoming involved in contraventions.
Australia Employment and HR
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Since the "nationalisation" of Australia's employment laws, prosecutions of employers for contraventions in the workplace have become a prominent feature of the business law landscape.

It is critical for company directors and others who run businesses to not only ensure that their enterprises avoid contraventions, but also that they personally avoid becoming involved in contraventions. Legal proceedings can be brought not only against the principal corporate offender, but also personally against anyone who has been in any way "knowingly concerned" in a contravention.

Partner Andrew Tobin and associate Damon King explore the key areas that often present compliance problems for employers, including:

  • Safety net contraventions
  • Adverse action
  • Sham contracting arrangements
  • Other general protections

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