Could you be found accessorily liable under the Fair Work Act 2009 (Cth)?

The scope for being found accessorily liable under the Fair Work Act 2009 can extend to company directors, HR personnel, payroll officers and managers.

In brief: The scope for being found accessorily liable for certain breaches of the Fair Work Act 2009 (Cth) (Act) is broad and can extend to company directors, human resources personnel, payroll officers and managers/supervisors. External advisors and companies (including payroll providers, accountants, franchisors and franchisees) can also be captured as accessories under the Act.

In view of the above, it is important for all persons who can be held to be 'involved in' a contravention of the Act to be aware of how to best mitigate the risk of having civil penalty orders made against them.