Australia Fair Work Act 2009 (Cth)
Part 4-1 and s 793: Accessorial, franchisor and holding company liability; penalties and evidential burden – Australia Fair Work Act 2009 (Cth)

Australia Fair Work Act 2009 (Cth) s558B-2: s 558B(2) Holding companies: take reasonable steps to prevent subsidiary employer contraventions

A body corporate contravenes s 558B(2) when a subsidiary (within the meaning of the Corporations Act 2001) that is an employer contravenes a listed provision (the same list as s 558B(1)) and the holding company or one of its officers knew or could reasonably be expected to have known the contravention, or one of the same or a similar character, would or was likely to occur. It is a defence that the holding company had taken reasonable steps to prevent such contraventions, judged on the group's size and resources, its ability to influence the subsidiary, steps to ensure the subsidiary understood its obligations, compliance assessment arrangements, complaint handling arrangements across the group, and whether group arrangements encourage or require compliance. Liability does not depend on proceedings against the subsidiary, and a holding company that pays may recover from the subsidiary (s 558C).

Maintained by Gerard Blokdyk

Other controls in Part 4-1 and s 793: Accessorial, franchisor and holding company liability; penalties and evidential burden – Australia Fair Work Act 2009 (Cth)

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