Under section 65 of the Fair Work Act 2009 (Cth) (the Act), eligible employees may request a flexible work arrangement (FWA) in certain circumstances. However, employers are often unaware that they have received an FWA request (as defined under the Act), and as a result, can overlook the strict obligations triggered under the Act. It […]
What are Flexible Work Arrangement Requests? Read More »
On 25 June 2026, the Fair Work Commission (FWC) ruled that Amazon Commercial Services Pty Ltd (Amazon) unfairly dismissed an employee for unprofessional messages sent via the company’s internal messaging platform, Slack, and other alleged misconduct. The decision highlights the importance of context, proportionality, and procedural fairness in disciplinary actions and dismissal. Background The employee,
Unfair Dismissal & Internal Messaging Apps Read More »
Terminating an employee who is on long-term sick leave is rarely straightforward. Many employers assume that once an employee has been absent for an extended period, termination is simply a matter of process. In reality, it is one of the highest-risk dismissal decisions an employer can make, with potential exposure under multiple legal frameworks. Under
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Constructive dismissal, also referred to as forced resignation, occurs when an employee resigns but is found to have been compelled to do so due to the conduct or a course of conduct engaged in by their employer. Under section 386(1)(b) of the Fair Work Act 2009 (Cth) (FW Act), an employee will be considered dismissed if they
What is Constructive Dismissal? Read More »
If you have employees earning above the high-income threshold, have you provided them with a guarantee of annual earnings (GAE)? If not, it’s worth asking yourself why not? Employment contracts are your business’ first line of defence. A well-drafted employment contract doesn’t just outline roles and responsibilities, it’s a strategic tool designed to minimise risks, protect your
Guarantee of Annual Earnings for High-income Employees Read More »
Many workplace disputes centre around pay rates, classifications and penalties under modern awards. But many employers skip the most important starting point when dealing with modern awards and engaging employees hired in their business: Award Coverage. When was the last time you read clause 4 of the award? Clause 4 is the coverage clause. It
Award Coverage – Have you read Clause 4? Read More »
Can an Employer reduce an employee’s resignation notice period without it becoming a dismissal? The Full Bench of the Fair Work Commission says no. In Terex Australia Pty Ltd v Cameron, an employee resigned and gave three weeks’ notice. The employer immediately ended the employment and paid two weeks’ pay in lieu of the notice period.
Reducing Resignation Notice Period may be classed as Dismissal Read More »
On 29 May 2026, General Manager of the Fair Work Commission (FWC), Murray Furlong released a statement on the changes to the FWC’s processes, systems and information. The purpose of the changes is to assist in managing the FWC’s workload challenges that have resulted as part of the significant increase in FWC applications, with the
Changes to FWC Processes and Systems Read More »
It is crucial that employers understand their legal obligations during the recruitment process. One area that often causes confusion is the type of questions you can and cannot ask during job interviews. Asking discriminatory questions can have serious legal consequences, so it is important to approach interviews with care and awareness of the law. What
Discriminatory Questions in Job Interviews & Avoiding Risk Read More »
Maintaining accurate employee records is not only a legal requirement but also a critical tool for ensuring compliance with workplace laws and protecting both employers and employees in the event of disputes. Here are the employee records that employers are required to retain: 1 – General Employment Details 2 – Pay Records 3 – Overtime
Employee Records – Obligations for Employers Read More »
