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As lawyers, we are not only expected to know the law, but to follow it too. This includes the employment law and applicable minimums specified by the Fair Work Act 2009 (Cth).

We know the usual red flags when it comes to employment law compliance; avoid unpaid internships and make sure no one is paid below the minimum wage.

What is perhaps more surprising is that accessorial liability can extend to the actions we take, as lawyers, for our clients.

What is the law?

The legislation to be aware of is s500 of the FWA that essentially extends liability of FWA breaches to all people involved, beyond just the employing entity. In 2017, the Fair Work Commission got serious and upped all penalty provisions 10-fold:

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