Last updated August 2023
This chapter examines circumstances in which one party is liable for another party’s contravention of the Fair Work Act 2009 (Cth).
When might a third party be liable for an employer’s breach of the law?
Under section 550 of the Fair Work Act 2009 (Cth) (FW Act), a person may become liable for another person’s contravention of the FW Act if they are an accessory to the contravention. This is called accessorial liability.
An accessory under the FW Act is a person who is ‘involved in’ a contravention.
A contravention is a breach of a civil remedy provision of the FW Act. For example, failing to pay an employee overtime in breach ofan applicable modern award.