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While new ‘wage theft’ laws make the headlines, the payroll record-keeping requirements can be a legal minefield for organisations. With increased penalties and an active regulator, the stakes have never been higher. Record-Keepin The Stakes Get Higher for Payroll
Author: Mark Flaherty and Grace Brunton- Makeham Mark Flaherty and Grace Brunton-Makeham are employment law partners at Makeham Flaherty , an Australian law firm specialising in payroll and wage compliance matters. Mark and Grace advise employers on workplace and payroll matters, including advice on payroll audits, wage remediation, resolving pay disputes, corrective measures and legal-compliance matters. Email: mark.flaherty@ makehamflaherty.com.au Email: grace.makeham@ makehamflaherty.com.au
A ustralia’s fundamentally shifted in recent years, with Fair Work Act 2009 (Cth) penalties now reaching up to $4.95 million per contravention and new criminal provisions for ‘wage theft’. Further, the regulator, the Fair Work Ombudsman (FWO), is taking an increasingly employment law landscape has
In the 2023-24 financial year, the FWO reported issuing 760 infringement notices (a 33% increase year-on-year), commencing 64 litigation proceedings, and securing more than $21.2 million in court-ordered penalties. Given that penalties have increased 5-fold since that reporting, it is expected the figures will be higher in 2024-25 and beyond. Less discussed but as important are the legislative record-keeping
proactive approach to compliance and enforcement.
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GLOBAL PAYROLL MAGAZINE ISSUE 13
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