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Can s 323 of the Fair Work Act 2009 be Used to Enforce an Employee’s Contractual Entitlements?

In the October issue of Brief, the journal of the Law Society of Western Australia, we are pleased to see an update, by Senior Associate Nick Parkinson, on a key Federal Court decision, Wilkinson v Wilson Security Pty Ltd (No 3) [2024] FCA 705.

This case offers a crucial interpretation of section 323 of the Fair Work Act, clarifying its scope regarding employees’ rights to seek pecuniary penalties when recovering contractual entitlements. The decision could significantly impact how these entitlements are pursued under the Act.

You can read Nick’s article here.

 

 

Nicholas Parkinson

Senior Associate

Disclaimer: The information published in this article is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.

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