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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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
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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,
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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
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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 »
