On 29 May 2026, General Manager of the Fair Work Commission (FWC), Murray Furlong released a statement on the changes to the FWC’s processes, systems and information. The purpose of the changes is to assist in managing the FWC’s workload challenges that have resulted as part of the significant increase in FWC applications, with the […]
Changes to FWC Processes and Systems Read More »
It is crucial that employers understand their legal obligations during the recruitment process. One area that often causes confusion is the type of questions you can and cannot ask during job interviews. Asking discriminatory questions can have serious legal consequences, so it is important to approach interviews with care and awareness of the law. What
Discriminatory Questions in Job Interviews & Avoiding Risk Read More »
Maintaining accurate employee records is not only a legal requirement but also a critical tool for ensuring compliance with workplace laws and protecting both employers and employees in the event of disputes. Here are the employee records that employers are required to retain: 1 – General Employment Details 2 – Pay Records 3 – Overtime
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Restraint of trade clauses are common provisions found in employment contracts, partnership agreements, and sale of business agreements. In the context of employment, these clauses are designed to restrict former employees from engaging in specific activities after their employment ends. Such restrictions may include working for a competitor, soliciting clients, or recruiting former colleagues. Historically,
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A recent unfair dismissal decision provides a timely reminder to employers about proportionality, procedural fairness and the limits of employer control over employees’ personal circumstances. In Cogan v Edmund Rice Education Australia New South Wales Colleges Ltd [2026] FWC 1117, the FWC ordered the reinstatement of a long‑serving teacher dismissed by St Pius X College in Chatswood.
Unfair Dismissal Case – Reinstatement Ordered Read More »
Recently the Fair Work Commission (FWC) handed down a decision that reaffirms important indicia crucial to the distinction between independent contractors (IC) and employees. The decision in Williams v Mind Matters Sydney Pty Ltd [2026] FWC 1163 highlights important implications for employers, particularly in light of the increasing scrutiny on employment arrangements and the potential legal and
Independent Contractors and Employees Read More »
In Haider v 24/7 Baby 003 Pty Ltd (No 2)[2026] FedCFamC2G 497, the Court imposed significant financial penalties on both a corporate employer and its director following multiple wage underpayments and compliance breaches. Background The case followed an earlier default judgment, in which the Court found that: The employee was an international student working in a
Wage Underpayments and Record‑Keeping Failures – Recent Case Read More »
As we move through the second quarter of 2026, a number of significant employment and workplace law reforms are coming into effect at both state and federal level. Several reviews and consultation processes will also reach critical milestones during this period. Employers should be aware of these dates, and assess whether their current practices remain
Upcoming Employment Law Changes & Key Dates Read More »
Employment Law Trivia – Did you know…? 1. Poor Performance isn’t ‘Misconduct’ Under the Fair Work Act 2009 (Cth), poor performance and misconduct are treated differently. Misconduct can justify summary dismissal in serious cases, but performance issues generally require a process of feedback, support and reasonable opportunity to improve before termination is defensible. 2. Contracts
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The positive duty set out in section 47C of the Sex Discrimination Act 1984 (Cth) (SDA) requires organisations to take positive steps to prevent and/or eliminate sexual and sex-based discrimination in the workplace. It therefore requires numerous systems and processes to be implemented to ensure compliance. Whether an organisation has satisfied its positive duty will be determined
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