WARNING: Personal Liability

People such as directors, executives and managers must be aware that they could be exposed to personal liability for their involvement in breaches of the Fair Work Act and other industrial instruments.

As time goes by we are seeing an increase in the number of prosecutions by the Fair Work Ombudsman (FWO).

Involvement

Specifically a person who is “involved” in an employer’s contravention of a civil remedy provision (such as a breach of the Fair Work Act or a breach of a Modern Award/enterprise agreement), is also taken to have contravened that provision.

The word “involved” includes both active involvement with actual knowledge, through to involvement where the individual does not know or appreciate that the conduct is unlawful.

Where a person is named as a respondent to contravention proceedings, they are also personally exposed to penalty and compensation orders.

Case Illustration

In the recent decision of Fair Work Ombudsman v Step Ahead Security Services Pty Ltd & Anor [2016] FCCA 1482, the court ordered:

• the employer and the sole director be jointly and severally liable for the underpayment of $22,779 to employees

• $257,000 fine for the employer

• $51,400 fine for the director

The penalties were very high in this case because the director was a repeat-offender (and therefore knew his obligations), he showed no contrition, the underpayments were deliberate and no steps were taken to rectify the underpayment for the employees.

Implications

The orders in this case (and in similar cases) clearly demonstrate:

• people involved in a contravention cannot hide behind their company

• people involved in a contravention may be prosecuted

• people can be held liable to make payment of underpayments

• people can receive heavy fines

• people can still be liable even if their company enters into administration/liquidation

Questions/Assistance

If you have any questions or would like any assistance, please feel free to speak with or email a member of our Matthews Folbigg Workplace Solutions team on (02) 9635 7966 or info@matthewsfolbigg.com.au

DISCLAIMER: This article is provided to clients and readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as definitive or complete statement of the relevant law.

Campbelltown Sports Stadium is set to ignite when it welcomes the Western Sydney Wanderers on Tuesday 2 August for their much-anticipated Westfield FFA Cup Round of 32 clash.  

The Wanderers will take on fellow Hyundai A-League club Wellington Phoenix in the national knockout tournament, which is run by Football Federation Australia in conjunction with every state and territory member federation across the country. In only its third season, the Westfield FFA Cup has earned a reputation as one of the country’s most inclusive sporting events, involving more than 700 professional, semi-professional and amateur clubs.  

The Wanderers last played a competition match at Campbelltown Sports Stadium in 2013 against the Newcastle Jets, and are set to return to the ground in January 2017 for an A-League reunion match, in the hope of repeating the convincing win against the Jets almost three years ago. The FFA Cup match will be a fantastic precursor to the A-League fixture, giving fans an early taste of the electric atmosphere that the Wanderers are renowned for.  

Mayor of Campbelltown, Cr Paul Hawker, said the game was another fantastic opportunity to showcase our city’s premier sporting venue.  

“This latest coup for Campbelltown City is the result of Council’s ongoing relationship building with a range of sporting codes, and highlights the versatility of Campbelltown Sports Stadium as a sporting and entertainment venue, boasting easy public transport access and ample parking,” Cr Hawker said.  

“The local FFA Cup fixture will be a great opportunity for residents across the Macarthur region to enjoy elite level competition of one of Australia’s most popular sports, and experience the game day atmosphere that only Campbelltown Sports Stadium can offer,” Cr Hawker added.

Ticket prices for the Western Sydney Wanderers v Wellington Phoenix match range from $10 for juniors through to $49 for family passes, and will be on sale through Ticketmaster from Wednesday 20 July. Gates open from 7pm, with an 8pm kickoff.  

Dress to impress and gather a group for an extravagant Melbourne Cup lunch at PARKROYAL Parramatta's TABLE:30 restaurant on Tuesday 1 November 2016, from 12.30pm - 4.00pm. 

Seafood lovers can indulge in the freshest locally sourced, succulent seafood buffet with fresh Sydney rock oysters, Australian tiger prawns, poached whole ocean trout, mouth-watering mussels, local Balmain bugs and blue swimmer crabs. A variety of enticing hot dishes, salads and a live cooking station with a range of decadent desserts are also on offer.

Bookings are essential. Speak with the friendly staff at PARKROYAL Parramatta on 02 9685 0377 or email dining.prsyp@parkroyalhotels.com

Prices start from $99 per person.

Nickaz Commercial Interiors is an Interior Office Fitout company that has been operating and helping businesses to build their space in Western Sydney for over 25 years. Continuously discovering new and innovative ways to deliver creative, efficient and cutting edge solutions in fitouts, Nickaz is currently under-going its very own retransformation to redemonstrate itself as one of Australia’s leading fitout companies and to implement additional forward thinking means of delivering services, news and ideas. 

Joining the Western Sydney Business Connection is just one of the many exciting moves Nickaz is making to help rejuvenate the position of heading the frontline of originality and solution solving for all clients.

Ideas and results start at the very beginning, by understanding and assimilating into each business’ individual requirements and aspirations, both functionally and aesthetically, to then navigate our clients through design, council, finishes, pricing and finally the construction phase. We partner with clients step by step to not only remove the stress of fitting out a new space but to make the experience fun and enjoyable.

Working in Norwest Business Park from its inception, Nickaz quickly grew into a frontrunner in Western Sydney in the fitout industry, completing over 80% of the fitouts in the park and surrounding commercial and industrial areas. Continued growth and on-going, long term relationships with clients lead to further fitout opportunities in the CBD and surrounds, across the state and country wide.

From small start-up businesses to global companies, Nickaz has worked with a multitude of diverse business leaders and across all industries, gaining and continuing to grow an extensive range of knowledge of critical key components important across different professions. This has not only helped Nickaz to understand what is essential to clients, but to position us as a guide to explore things that they may not have considered before.

In the coming months Kazan Hadden and the Nickaz team look forward to sharing with the WSBC our transformation experience as we strive to further our position as leaders in our industry. The goal is with hope that through knowledge, great design of working spaces and environments we can also help like-minded business leaders navigate the transition and rejuvenation of their business; the by-product resulting in greater industry perception, better market share and a stronger ability to attract and retain top staff.

Nickaz specialises in Design and Construction of Office Fitout, Hospitality Fitout, Educational Fitout, Medical Fitouts, Make Goods, Refurbishments, Alterations, Refit, Custom Joinery and Furniture.

Address:  Suite 101, 22 Brookhollow Avenue, Baulkham Hills NSW 2153

Phone:  02 9659 3387

Email: info@nickaz.com.au
Wesbite: www.nickaz.com.au (currently under reconstruction)

Instagram: @nickaz_constructions

Secure your corporate Christmas party now at Novotel Sydney Parramatta and receive complimentary chair covers and upgrade to a premium beverage package.

With 11 great event spaces to choose from including a large, modern pillarless ballroom, the team at Novotel Sydney Parramatta will help make your Christmas celebration a memorable evening.

With great packages and inclusions to suit all budgets, your guests will eat, drink and be merry!

Click here for further information or call the friendly Novotel Parramatta events team on 02 9630 4999

Welcome to the July 2016 edition of our Economic and Market Outlook, brought to you by Pitcher Partners Sydney Wealth Management.

This edition provides commentary on the following topics:

·        International economy

·        Australian economy

·        Australian equities

·        International equities

To read the full version of the Economic and Market Outlook July 2016, please click here.

Should you have any queries in relation to the above, please do not hesitate to contact the author or your Pitcher Partners relationship partner.

Contact

Martin Fowler
Partner, Wealth Management
Pitcher Partners Sydney
T: +61 2 8236 7776
E: martin.fowler@pitcher.com.au

Winter is here and 350 Restaurant and Lounge at Novotel Parramatta are prepared with the launch of a new Winter warming ‘Sunday Roast Buffet’ dinner. Take this opportunity to gather your family and friends and share a hearty meal around the table. A traditional Sunday Roast Buffet at 350 Restaurant and Lounge is the perfect way to finish your weekend.

Every Sunday night at 350 Restaurant and lounge, you can indulge in succulent roast beef and chicken with a warm variety of mixed Winter root vegetables, a selection of sides including pasta, soup and assorted salads, then finish with delicious seasonal fruit and dessert.

350 Restaurant and lounge invites everyone to celebrate the introduction of Sunday Roast Buffet with the opening night on Sunday 24th July from 6pm with a ‘Christmas in July’ theme. 

To book a table contact Dave on 02 9890 0882 or email H8787-FB@accor.com.

2016 marks 30 years of CareFlight saving lives. To commemorate this special occasion CareFlight will hold a major fundraising Gala Ball to mark their achievements over the last three decades. 

Saturday 17 September will be the pinnacle fundraising event of 2016 with the 30^th Anniversary Gala Ball being held at the Four Seasons Hotel Sydney.

The 30th Anniversary Gala Ball will be hosted by respected author, broadcaster and journalist Juanita Phillips. The evening will feature dynamic entertainment, special guests, with a live and silent auction full of exclusive items.

Tickets are $250 each with tables of 10 also available. To purchase tickets contact Natalina on (02) 9843 5176 or email gala@careflight.org

Promotional opportunities are also available by donating items for our exclusive live and silent auctions to be held on the evening. Please contact Natalina at gala@careflight.org for more information or to receive a benefits package.

Plans for a major redevelopment of sport and leisure facilities at West Epping Park have taken a significant step forward with City of Parramatta Council endorsing an $8.7 million tender for the works.

Council has confirmed Haslin Constructions as the successful tenderer for the project which will see the creation of synthetic football and cricket fields, cricket practice nets, play areas, picnic facilities, open lawns areas and sports field lighting. It will also involve improvements to traffic and parking arrangements at the park.

The tender for the project was previously awarded by Hornsby Shire Council in the days before the State Government issued its amalgamation Proclamation on 12 May, after which West Epping Park was incorporated into the new Parramatta LGA.

“City of Parramatta is very happy to confirm this decision and continue this important project, and we thank Hornsby Shire Council for prioritising redevelopment of the park,” City of Parramatta Administrator Amanda Chadwick said.

“Epping is currently experiencing a boom in residential development and this project, along with others being undertaken in the area by City of Parramatta, will help ensure there is adequate green space for the rapidly growing population to enjoy.”

In total, the redevelopment of West Epping Park is an $11.3 million project. It has been included in Council’s Draft Operational Plan for 2016/17 which is currently on public exhibition.

The project is being funded by Section 94 developer contributions collected from the Epping area by Hornsby Shire Council, and $1.6 million in funds from the NSW Department of Planning and Environment, pledged to assist with public domain improvements in Epping.

It is expected work will begin at West Epping Park in early August 2016.

Please join us on Saturday 24th September for the Ronald McDonald House Westmead Golden Pendant where we’ll once again be enjoying a VIP function in the Grand Pavilion at Rosehill Gardens – overlooking the finish line.

This year we are very excited to be the Charity Gold Partner of the Australian Turf Club and have teamed with the Women in Racing Luncheon. Purchase your event tickets online now.

When ordering, be sure to enter “RMHW” in the occasion field so we can ensure you are treated as our VIP!

Tickets are $2000 for a table of 10 (or $200pp) with your race day experience including:

• VIP function in the Grand Pavilion at Rosehill Gardens – overlooking the finish line
• 5 hour beverage package, including beer, wine, sparkling & soft drink
• 3 course luncheon
• Guest speakers
• Access to private betting and bookmaking facilities
• Live and Silent Auctions/ Raffles
• An opportunity to mingle and network with a high calibre of attendees from the racing and corporate industries
• Race book to keep track of the days racing action.

As you are aware, corporate and community support is instrumental to ensure families stay close and support one another, so ladies and gentlemen, grab your colleagues or friends and join us for a fun-filled day.

We will keep you updated as we get closer to being trackside – but you need to book your tickets as this is a must attend event in the Spring Carnival calendar.

In the meantime, if you need any assistance or further information, do not hesitate to contact Michelle Burman on 02 9845 0600 or michelleb@rmhwestmead.org.au.