There are strict legislative requirements relating to the timing of processing employee termination payments. If they are not complied with, employers could face penalties. Recent decisions have confirmed that both annual leave and payments made in lieu of notice must be paid on the employee’s last day of work. In Southern Migrant and Refugee Centre Inc […]
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Australian Privacy Principles and the Employee Records Exemption In the case of ALI and ALJ (Privacy), the Australian Privacy Commissioner found that an employer breached Australian Privacy Principle (APP) 6.1, which governs the use or disclosure of personal information under the Privacy Act 1988 (Cth). ALJ (the Respondent) employed ALI (the Complainant) who suffered a medical episode
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A recent Fair Work Commission (FWC) decision has highlighted the importance of having, and properly applying, clear workplace drug and alcohol policies, when it comes to requesting an employee to take a breath test at work. In Tamati v MQT Pty Ltd, an employee was dismissed after refusing to take a breath test following a team
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On 9 October 2025, the Government introduced two Bills to bring its long-anticipated ‘Payday Super’ policy to life. From 1 July 2026 employers will need to pay superannuation guarantee (SG) contributions at the same time as wages are paid, rather than pay SG in the current quarterly cycle. The Payday super changes aim to tackle
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“We’ll just deduct it from their final pay” It’s a familiar story: an employee resigns, and when payroll starts wrapping things up, they discover a few financial loose ends – maybe the employee has a negative annual leave balance, failed to give the required notice, or a PAYG error from earlier in the year needs
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Section 374 of the Fair Work Act 2009 (Cth) mandates that conferences conducted by the Fair Work Commission (FWC) for disputes concerning general protection provisions, alleged unfair dismissals, and alleged unlawful terminations must be held in private unless otherwise ordered by the dispute resolution member. The FWC has the discretion to direct parties involved in an application
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A person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, workers and other persons are not exposed to risks to their psychological or physical health and safety. Psychosocial hazards are risks that: Potential Causes of Psychosocial Injuries: Psychosocial injuries have been shown to have a significantly greater impact on
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A jurisdictional objection to an unfair dismissal application under the Fair Work Act 2009 (Cth), is an objection raised by a respondent (usually an employer) asserting that the Fair Work Commission (FWC) does not have the legal authority (jurisdiction) to hear and determine the application, or that the applicant is not eligible to make the claim. Common
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Section 65 of the Fair Work Act 2009 (Cth) (the Act) gives certain employees the right to request flexible working arrangements. This right doesn’t mean that every request must be approved, but it does mean that employers must follow a particular process set out in the legislation before saying no to an employee’s request. Flexible Working Arrangements &
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In the holiday season workplaces often celebrate with end-of-year events and festive decorations, however it is important to keep in mind religious accommodation and discrimination risks. December is also a time of diverse religious observances, such as Christmas and Hanukkah, amongst others. Employers must ensure that their practices comply with the Fair Work Act 2009 (Cth) (FW
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