This session, delivered as part of the Employment Law Conference 2018, provides an overview of the important amendments made to the Fair Work Act (FWA) in late 2017 by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017. Leading employment and industrial law barrister Mark Rinaldi speaks on important aspects of the new provisions, including the importance of the franchise sector to the Australian economy; recent high profile cases of exploitation of workers in the franchise sector (e.g. 7-Eleven); liability of responsible franchisor entities and holding companies for key provisions of FWA under the vulnerable worker amendments; record keeping obligations and reverse onus on employers in underpayment claims where records are not kept; serious contraventions provisions and increased penalties (ten-fold); and accessorial and vicarious liability of directors, officers, managers and employing entities.
Key takeaways from the session include – understand your record keeping obligations in relation to new amendments; accessorial and vicarious liabilities – what to watch for; and what the penalties are for provision contraventions.
Mark Rinaldi, Barrister
About the Presenter:
Mr Mark Rinaldi is a graduate of the University of Western Australia (BJuris (Hons) LLB BA) and the University of Melbourne (LLM, Grad Dip Corps & Securities Law), a former senior associate at Freehills and a former Associate of Justice Robert French (while on the Federal Court). He joined the Victorian Bar in 1997 and the Tasmanian Bar in 2008 and has chambers in Melbourne and Hobart. He is also an interstate member of the Western Australian Bar. He is on the national committee of the Australian Labour Law Association. Mark is one of the General Editors of the annotated Fair Work Legislation published annually by Thomson Reuters, and the loose-leaf and online publication National Workplace Relations. He is also an Academic Associate at the University of Tasmania, where he has lectured in Labour Law and Corporations Law.