​Prepare for Industrial Manslaughter and Wage Theft Laws

Public news

Industrial Manslaughter and Wage Theft laws are likely to be introduced in South Australia as promised by the newly elected Labor Government. Rather than waiting until such laws are implemented, the MTA advises all members to be prepared on how these laws will impact you as an individual and as a business.

What is Industrial Manslaughter?

Industrial manslaughter is a criminal offence whereby an employee’s death is caused by the negligence of an individual or organisation due to a breach of a duty of care. These laws are currently in place in Victoria, ACT, Northern Territory and Queensland. Offences in these states and territories can carry penalties up to life imprisonment and fines of up to $5m for an individual $18.5m for companies.

What is Wage Theft?

Wage theft is a criminal offence that involves the dishonest and deliberate underpayment or non-payment of employee entitlements by an employer. This includes conduct such as the underpayment or withholding of wages, superannuation, penalty rates and leave entitlements. It also covers intentionally misclassifying an employee under the wrong award, ‘sham contracts’ and failing to keep or falsifying employee entitlement records. These laws are currently in place in Victoria and Queensland and offences can carry penalties of up to 10 years imprisonment and fines of up to $218,088 for an individual and up to $1,090,440 for companies.

What does this mean for me?

The MTA has developed a package for both of these topics to provide you with the information you need to be equipped and ready for these impending laws. We offer an interactive workshop which aims to help business owners, managers and supervisors develop a proactive approach to risk management and compliance with legal obligations. We provide an onsite WHS inspection or payroll audit, depending on your package, including a written report with recommendations and other useful resources. Further information on the packages is located HERE.

If you have any questions about the information above or want to book a package, please contact the MTA Workplace Relations Team on 8291 2000, or at wr@mtasant.com.au.