In the very recent case of Roberts v A1 Scaffold Group Pty Ltd & Ors [2015] FCCA 422, in a default judgement the Federal Court used Sections 550 and 545(2)(b) of the Fair Work Act to hold directors personally liable to pay compensation for Award underpayments to an employee.
In this case the directors, both past and present, were each found to be a person “involved in” a contravention of the Act. Following on from this, in addition to a civil penalty, compensation was ordered.
In this case, the employer was a corporate entity in liquidation.
July 2015