Concept of Accessorial Liability and the Impact of the Fair Work Act 2009 on HR practitioners

This article discusses the concept of Accessorial Liability and its impact on HR practitioners under the Fair Work Act 2009. It covers the legal requirements and responsibilities of companies, employers, and employees. The article also provides an overview of labour laws and their evolution in Australia. The cases of HR managers being held liable for breaches of the Act are discussed, and suggestions are provided to avoid unnecessary liabilities. The article concludes by emphasizing the significance of fair labour practices and the role of labour laws in protecting organisations, their employees, and clients.

Concept of Accessorial Liability and the Impact of the Fair Work Act 2009 on HR
practitioners
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Contents
Introduction..............................................................................................................................3
Accessorial Liability.................................................................................................................4
Fair Work Act 2009 and HR practitioners............................................................................4
Conclusion.................................................................................................................................5
References.................................................................................................................................5
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Introduction
Labour or employment laws enforce a professional and fair relationship among the
employees and employers. Fair practices and professional behaviour as well as protection of
rights and preservation of ethics at workplace are all ensured by the labour laws. Labour laws
also cover the actions and activities of the trade unions and the government. The collective
labour law refers to the multilateral interaction and communication among employees,
employers and labour unions, while the individual labour law covers the rights and actions of
each worker at the workplace, especially contract labourers. The legal standards define the
ethics, morals, workings, operations of business, conditions of workplace and work,
regulations and other professional practices in any working environment (Bolle, 2016).
Labour laws as a concept merged in the aftermath of the Industrial Revolution. The
awareness about the stark working conditions, child labour and the denial of basic human
rights at workplaces forced into existence an increasing number of legislations, policies and
legalities. England being the first nation to industrialise, the economic, social and political
conditions of employees brought about the changes in attitude towards the workers and
workplaces. Late 18th to mid-19th century saw the gradual change in labour laws, and a
foundation was laid for modern labour law system.
The fundamental theme of labour law of almost every country is that all employment rights
and workplace regulations and obligations are all covered by a contract. Many jurisdictions
regulate the minimum working hours and the minimum wages that the workers get. One of
the chief concerns that labour laws and workplace laws face is the occupational safety and
health. Workplace health and safety are extremely crucial and all organisations are legally
bound to protect their workforce at their workplace. Safety, health, well-being, security and
welfare are some of the primary legal requirements and priorities. Another of the chief
concerns is the anti-discrimination practice. No workplace, organisation, company or firm is
allowed to practise any form of discriminatory act or activity on any ground, All employees
have equal rights and legally it is ensured that a fair system at workplace is implemented
(Walters, and Zeller, 2017).
The Australian Labour law scenario developed in the early 20th century. All laws and rules
had been guided by the principles of fairness and justice at workplaces. In 1993, the labour
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law context became more democratised and modernised with the Industrial Relations Reform
Act. In 1999, the Workplace Relations Act was passed. The legal system began to look into
the fair requirements of all workplaces. Laws began to be used for protecting employees at
workplaces. The Workplace Relations Act of 1996 laid down rules relating to the hours, basic
payments, incentives and other practices to ensure a fair treatment of the employees and
workers. In 2005, the government initiated a reform of unfair work practices like
unreasonable dismissals. In the same year, the Workplace Protection Act Amendment came
into effect. The Australian Fair Pay Commission was established as a result. In 2009, the Fair
Work Act was passed to create Fair Work Australia, a supervisory body to look into new
workplace relations (Kaufman and Taras, 2016).
Accessorial Liability
Under the Fair Work Act Section 550, the concept of accessorial liability has been constantly
raised and regulations have been centred on it. Many workplaces view that the responsibility
of compliance with terms of contracts has to be observed strictly. Under the Act, the
company and its employees are held responsible for all negotiations of the terms, and they are
accountable for all unfair actions relating to the contract. Under the Section 550 the person
who is responsible for the breach of the Act is accountable to the law and to the parties
involved with the contract. Those who are guilty of this are expected, legally, to compensate
the affected employees or companies or clients. All companies, employers and employees are
legally required to be liable for whatever they do in relation to a contract or any other
arrangement made at a particular workplace. Accessorial liability simply implies that all
those who are affected by an arrangement like a contract are accessories to it and are liable
for their future actions, and accountable if their activities are found to be breaches in terms
(Webster, 2015).
Accessorial liability helps prevent companies, individuals and other related parties from
committing unfair trade, business and contract practices.
Fair Work Act 2009 and HR practitioners
The personal liability of HR Practitioners for breaches of provisions of the Fair Work Act
2009 has been a long drawn subject of debates and controversies. It is certainly not always
possible for all HR practitioners to be held responsible, but they are definitely liable as it is
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their duty in the first place to oversee fair workplace practices and compliance with the laws
and legalities (Grasso, 2017).
In a case, Director of the Fair Work Building Industry Inspectorate versus Baulderstone, for
instance, two HR managers were fined because they encourage an employee to sign a
contract to become a wages employee when he was completely entitled to a status of a
salaried employee. The extension of the liability of the HR personnel was further established
in another case, where the managing director requested the HR manager to convert
employees into sub contract labourers. The HR manager was held liable because he
knowingly participated in a wrongful violation of the Act (Webster, et al. 2015).
HR managers to avoid unnecessary liabilities should understand the Law and protect
themselves from being held responsible for the actions of others like the senior managers or
the CEO. It suffices to say that HR Practitioners are not alone in being liable for violations of
the Act but if found guilty, they should be held responsible.
Conclusion
Unfair labour practices are extremely significant social issues today in the modern context
and the globalisation era. It is the responsibility of both the Laws and the societies of all
countries to ensure fair and just employment and work conditions. Today labour laws are
some of the most significant legal measures taken to protect organisations, their employees
and clients and all those who are affected by them (Australia. Productivity Commission,
2015).
References
Australia. Productivity Commission, 2015. Workplace relations framework.
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Bolle, M.J., 2016. Overview of labor enforcement issues in free trade agreements.
Grasso, M., 2017. Accessorial liability penalties on the rise in 2017.
Kaufman, B.E. and Taras, D.G., 2016. Nonunion employee representation: history,
contemporary practice and policy. Routledge.
Walters, R. and Zeller, B., 2017. A Comparative Study of Australia and Slovenia’s Private
International Laws and the Application of Citizenship and Residence. Liverpool Law
Review, 38(3), pp.325-338.
Webster, J., 2015. Whose trolley now?: Workplace liability moves up the supply
chain. Proctor, The, 35(4), p.16.
Webster, J., Bargon, R. and Carter, M., 2015. Supply chain accountability: How far does
responsibility extend?: Recent enforcement outcomes in the trolley collecting
industry. Brief, 42(3), p.22.
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