Employment Law Afternoon - Case Law Update 2017 and Accessorial Liability Seminar
Speakers: Ingmar Taylor SC, Greenway Chambers, Sydney and Craig Green, Senior Associate, Dobston Mitchell Allport
- Audio and Video Recordings of seminars - I Taylor SC and C Green
- Paper - Case Law Update 2017 (14 pages) - C Green
- Paper - Who Can Be Held Responsible For Wage Underpayments? Accessorial Liability and the Fair Work Act (20 Pages) - I Taylor SC
- PowerPoint Slides - C Green
- PowerPoint Slides - I Taylor SC
Over a two hour seminar, join Ingmar Taylor SC, Barrister, Greenway Chambers, NSW to hear about accessorial liability, and Craig Green, Senior Associate, Dobson Mitchell Allport for a case law update, including advocate's responsibility and New Approaches at the Fair Work Commission.
This seminar is jointly presented by the Law Society of Tasmania and Industrial Law Committee of the Law Council of Australia.
CPD Points: 2 (SL; PS)
Delivered May 2017
Can you be held liable as an accessory? Find out how to avoid this happening to you.
What is Accessorial Liability?
Under s550 of the Fair Work Act 2009 (Cth) (Fair Work Act) those “involved in a contravention” of the Act can be held liable as an accessory.
- Directors and managers can be held personally liable for their corporation’s contraventions of industrial laws. Corporations can be held liable for the conduct of their subcontractors.
- A person affected by the contravention as well as the regulator and an employee organisation have standing to initiate proceedings claiming pecuniary penalties against accessories. These penalties are often paid to those affected by the contravention.
- It is a particularly useful avenue where the corporate employer no longer exists or is otherwise unable to pay. It is also being used to try to encourage large corporations to ensure their subcontractors abide by industrial laws.
- Section 550 has existed in similar form since 2006. It is modelled on provisions found in consumer and corporations law. Despite it having been around for some time it has been the subject of limited analysis and there remain differences of judicial opinion on key aspects of its application.
The presenters will use case law examples and discussion focusing on the following:
Who can be found an accessory, and in particular, the capacity for external advisers (i.e. legal practitioners) to be found liable - including discussion of the decision handed down in early May Fair Work Ombudsman v Blue Impression Pty Ltd which examined the question of external advisers;
Orders for accessories to pay compensation.
What is penalty privilege?
- Proposed legislative changes including 10-fold increases to some penalties.
Freedom of speech (Yassmin Abdel-Magied's Anzac Day tweets);
Interest-based bargaining used by the FWC;
Strategies and procedural advice re discrimination complaints (in light of a recent Supreme Court decision).
Ingmar Taylor SC
Ingmar Taylor SC is a Senior Counsel who, over his 20 years at the Bar, has specialised in employment and industrial law and workplace safety matters. Before coming to the Bar he worked for Baker and McKenzie solicitors and the Association of Professional Engineers, Scientists, and Managers, Australia.
He has recently joined a new set of Chambers, Greenway Chambers, in Sydney.
Ingmar is the chair of the Law Council’s Industrial Law Committee, the editor of the Industrial Reports and the specialist IR editor of the NSW Law Reports.
Ingmar has a particular interest in accessorial liability under the Fair Work Act. He co-wrote an extensive paper on the subject for the 2014 Australian Labour Law Association annual conference. In 2016 obtained for the Fair Work Ombudsman for the first time an order that in addition to a penalty an accessory pay compensation to employees who had been underpaid.
Craig Green is a Senior Associate at Dobson Mitchell Allport and has extensive experience in workplace relations. He joined DMA in April 2015, having worked for a large Tasmanian firm since 2000. Craig works extensively with employers in a wide range of industries, including the education, transport and disability sector. He is also a leading practitioner in relation to matters in the Tasmanian State Sector.
Craig regularly presents seminars to clients and the legal profession in important workplace relations issues. His practice includes advising in relation to employment disputes, compliance with statutory obligations and discrimination complaints, and drafting policies and procedures. Craig also regularly appears in the Tasmanian Industrial Commission, the Fair Work Commission, and the Anti-Discrimination Tribunal and has been counsel in a number of high-profile cases. Craig is currently a member of the Law Council of Australia’s Industrial Law Committee.