LEGAL ALERT: CIVIL PENALTIES INCREASED

In May 2017, the Commonwealth Government passed the Crimes Amendment (Penalty Unit) Bill 2017 increasing the ‘penalty unit’ under s 4AAA of the Crimes Act 1914 (Cth) from $180 to $210, to take effect on 1 July 2017.

As a result, civil penalties issued against corporate entities and individuals who are found to have breached a civil remedy provision in the Fair Work Act 2009 (Cth) will also increase from 1 July 2017.

The increases in maximum civil penalties under the Fair Work Act 2009 (Cth) can be summarised as follows:

These maximums are per breach of a civil remedy provision in the Fair Work Act 2009 (Cth). Contravening numerous civil penalty provisions can lead to costly penalties for corporate entities and individuals, in excess of the maximums.

Additionally, with the Court able to order individuals and corporate entities ‘involved in’ contraventions to pay civil penalties, employers as well as managerial employees (for example, human resource employees) and other corporate entities (for example, labour hire organisations and accountancy firms processing employee remuneration) also need to ensure that they are not ‘involved in’ a contravention of a civil penalty provision.

For more information on civil penalties and advice specific to your circumstances please contact us.

 

EMA LEGAL is available to assist WITH ADVICE IN EMPLOYMENT LAW MATTERS.

For further information, please do not hesitate to contact:

Elizabeth Perry – liz.perry@emalegal.com.au0404 480 124

Kaye Smith – kaye.smith@emalegal.com.au0404 480 125

John Love – john.love@emalegal.com.au – 0429 446 101

This Newsletter is made available to our clients and interested parties to provide immediate access to information about important changes and developments relevant to employers. The information contained in this publication should not be relied on as legal advice and should not be treated as a substitute for detailed advice that takes into account particular situations and the particular circumstances of your business.


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