Could the High Courts decision impact WHS sentencing?

WHO SHOULD READ THIS

• All Persons Conducting a Business or Undertaking, and their workers and officers.

THINGS YOU NEED TO KNOW

• The High Court has condoned a Judge's order that his Union cannot pick up the bill for a penalty arising from a statutory breach.

WHAT YOU NEED TO DO

• Understand that as an individual you may be liable to personally pay penalties for breaches of the Fair Work Act 2009 (Cth) (FW Act), and potentially the Model Work Health and Safety laws.

The High Court has recently ordered that penalties for breaches of the FW Act must be paid personally by individuals, upholding a Federal Court Judge's order that the Union must not pay the penalty on the individual's behalf.