Changes were made to the flexible work arrangement regime under the Fair Work Act 2009 (Cth) (FW Act) in June 2023. These changes expanded employees’ rights to request flexible work arrangements and also allowed for employer refusals for flexible work to be eligible for determination by the Fair Work Commission (FWC). Prior to these changes, employees could […]
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The Fair Work Act 2009 (Cth) was amended with effect from 1 January 2025 to criminalise wage theft, which extends to not paying the superannuation guarantee. As a result, superannuation entitlements for the vast majority of national system employees with have an added layer of protection afforded to them by the new criminal offence. This means that
Superannuation Guarantee – Risks arising from a failure to pay Read More »
1. Bullying isn’t just about being unpleasant Under the Fair Work Act 2009 (Cth) (the Act), bullying occurs when a worker is repeatedly subjected to unreasonable behaviour by an individual or group of individuals, and that behaviour creates a risk to health and safety. A single spat or isolated rude comment usually won’t cut it, but a pattern
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The case of Hughes v Alcoa Portland Aluminium Pty Ltd [2024] FWC 37 clarified that the end of a fixed term contract is a termination, and not a dismissal under the Fair Work Act 2009 (Cth). Accordingly, the termination in this case excluded eligibility for an unfair dismissal claim. In this case, Alcoa had informed Ms Hughes that it
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1. An employee can file a General Protections claim (dismissal) even if they resigned If an employee resigns because of the employer’s conduct, such as bullying, threats, or being pressured to accept worse employment conditions than those previously experienced, the employee may still be eligible to file a General Protections claim (GP Claim). In these
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Should your Workplace Policies be included in your Contracts? In the well-known Nikolich case, the employer was held liable because it failed to follow its own termination policy. The Court found this was a breach of contract because its policies had been expressly incorporated into the employment agreement. Applying the learnings from the Nikolich decision, employment policies
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On 5 September 2025, the Federal Court handed down a decision that shakes up the practice of relying on contractual set-off clauses to balance overpayments in one pay period against shortfalls in another. In the case of Fair Work Ombudsman v Woolworths Group Limited; Coles Supermarkets Australia Pty Ltd [2025] FCA 1092, the Court made it clear
Set-off Clauses – Federal Court Decision Read More »
1. Post Employment Restraints aren’t always enforceable Just because your employment contract includes a non-compete or non-solicitation clause doesn’t mean it will stand up in court. The clause must be reasonable in scope, geography and duration, and tailored to the employee’s role. 2. You can require a health assessment if the employment contract says so
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Amendments to the Fair Work Act 2009 (Cth) (FW Act) in December 2022, introduced prohibitions on pay secrecy terms in employment contracts and enterprise agreements. The Government put forward that the purpose of the changes was to work towards creating equality in the workplace and bridging the gender pay gap. Section 333B of the FW Act affords
When onboarding a new employee, Employers have the obligation to provide the new employee with the relevant Fair Work Information Statements, including: 1. Fair Work Information Statement (FWIS) – this must be given to every new employee before, or as soon as possible, after their commencement; 2. Casual Employment Information Statement
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