The Fair Work Act 2009 (Cth) (FW Act) contains provisions which make it possible for individuals to be found accessorily liable for their involvement in a contravention of a workplace law. In particular, section 550 of the FW Act provides that a person “involved in” a contravention will be taken to have contravened that provision themselves.

It is for this reason that individuals who are most often involved in managing employee relations, such as directors,…

Division 4A of Part 2-2 of the Fair Work Act 2009 (Cth) (FW Act), which came into operation on 27 March 2021, imposes an obligation on employers of casual employees to make offers of conversion to permanent employment in certain circumstances.

Specifically, employers are required to offer casual employees conversion to permanent employment if:

• the employee has been employed by the employer for a period of twelve months; and
• during at…

Under the Fair Work Act 2009 (Cth) (FW Act), whether an employee’s dismissal was procedurally fair is a key factor in determining whether the dismissal was unfair. Procedural fairness requires an employee be given an opportunity to respond to or explain an allegation put to them by their employer. The employer must consider that response or explanation before deciding the disciplinary penalty – eg: a warning, or termination of employment.

In Bostock v…

When setting a penalty for breaches of work health and safety (WHS) obligations, the Courts will look at the need for specific deterrence against the offender and also the need for general deterrence for employers and the particular industry.  

In SafeWork NSW v Saunders Civilbuild Pty Ltd (No 2) [2022] NSWDC 163 the NSW District Court utilised its powers to impose an adverse publicity order against a business who was found guilty of failing to comply with…