Protecting the entitlement to voluntary paid parental leave in the event of stillbirth and infant loss The Government has introduced the Fair Work Amendment (Baby Priya’s) Bill 2025, proposing an important change to the Fair Work Act 2009 (Cth). The amendments aim to ensure that employees remain entitled to employer-funded paid parental leave even if their child is […]
Paid Parental Leave Read More »
In October, a Full Bench of the Fair Work Commission heard a case regarding flexible work disputes and upheld a decision requiring an employer to approve an employee’s flexible work request. The Full Bench confirmed that a simple inconsistency between the requested arrangement and an enterprise agreement does not, on its own, amount to a
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Following the recent passage of the payday super legislation, it is crucial that employers are also aware that non-payment and underpayment of superannuation guarantee contributions is included in the new wage theft laws which criminalised wage theft, effective from 1 January 2025. This means that superannuation entitlements, for the vast majority of national system employees,
Superannuation and Wage Theft Read More »
A restraint of trade is a contractual provision that restricts a party from engaging in certain business or professional activities, typically after the termination of an agreement. In the context of employment contracts, these clauses are often used to prevent former employees from competing with their employer, soliciting the employer’s clients, or using confidential information
Restraint of Trade in Employment Contracts Read More »
The festive season is a great opportunity to celebrate, but it’s important to be mindful of employer obligations at Christmas parties, particularly given that work Christmas party locations can be considered part of the workplace under the Fair Work Act 2009 (Cth). This means employer obligations may apply, even if the event is off-site or outside normal
Employer Obligations at Christmas Parties Read More »
Under the Fair Work Act 2009 (Cth) (FW Act), individuals who are “involved in” contraventions of civil remedy provisions can be held personally liable for employment decisions. Section 550 of the FW Act establishes the principle of accessorial liability, which holds individuals accountable for their involvement in breaches of workplace laws. This provision is derived from the
Did you know you can be held personally liable for employment decisions? Read More »
Does your business have one? Employers have a duty to provide a safe working environment free from sexual harassment. This obligation is enshrined in the Sex Discrimination Act 1984 (Cth) and reinforced by state and territory workplace health and safety legislation, such as the Work Health and Safety Act 2011 (Cth). From 1 March 2025, it became a legislative requirement
Sexual Harassment Prevention Plans Read More »
Redundancy occurs when an employer determines that a position is no longer required to be performed by anyone, typically due to changes in operational requirements such as business restructure, technological advancements, or economic pressures. Redundancy is not related to any personal act or fault of the employee, nor does it include situations where an employee
Redundancy – How do employers manage it? Read More »
In late 2025, the New South Wales Local Court convicted the Department of Defence for breaching its primary duty of care under the Work Health and Safety Act 2011 (Cth) due to their failure in managing psychosocial risks. This case is an important one, not just because of who the employer was, but because of
Managing Psychosocial Risks – Recent Case Read More »
What the Woolworths and Coles underpayment cases really mean for employers Late last year, the Federal Court of Australia handed down its long-awaited decision in underpayments proceedings brought by the Fair Work Ombudsman against Woolworths and Coles. The judgments are lengthy and technical but their practical message is clear, including: 1. Salaried employees can still
Underpayments – Tips for Employers Read More »
