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 […]
Fixed Term Contracts Read More »
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
General Protections Claim – Did you know…? Read More »
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
Workplace Policies & Employment Contracts Read More »
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
Employment Law Trivia – Part 2 Read More »
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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What do you know about section 358 of the Fair Work Act? Many employers don’t realise that the Fair Work Act 2009 (Cth) (FW Act) places strict limits on converting employees to contractors. Under section 358, it’s unlawful for an employer to dismiss an employee (including through redundancy) and then re-engage them as an independent contractor to
Section 358 of the Fair Work Act Read More »
In August 2024, the Fair Work Commission (FWC) gained a new unfair contracts jurisdiction. This change means that independent contractors earning below the high income threshold (currently $183,100 per annum) will be able to challenge the terms of their services contract directly via application made to the FWC with respect to unfair contract terms. If
Unfair Contract Terms & Independent Contractors Read More »
Section 106C of the Fair Work Act 2009 (Cth) (the Act) imposes specific obligations on employers regarding the confidentiality of information provided by employees in relation to family and domestic violence leave. Firstly, employers must take reasonable steps to ensure that any notice or evidence provided by an employee under section 107 of the Act, concerning their
Domestic Violence Leave Obligations Read More »
