It has been just under a year since we last discussed the introduction of the new legislative changes to the Fair Work Act 2009 (Cth) (FWA) granting employees the right to disconnect. Now, the courts are facing the first public test of how this new right is to be interpreted [...]
In May 2025, an employer was served with an $100,000 fine for failing to provide a safe workplace for their employees. In doing so, the Magistrates’ Court found that the employer had failed to create a suitable policy on what was appropriate and inappropriate behavior and implement that policy by [...]
In a Federal Court decision, Justice Shariff has found that an aged care provider, St Basil's Homes (“Employer”), contravened the Fair Work Act 2009 (Cth) (FW Act) by dismissing a registered nurse (“Employee”) in breach of her general protections under the Act. The Court held that the Employer took adverse [...]
As of 1 January 2025, employers can face criminal charges for intentionally underpaying wages or entitlements. The new wage theft laws are part of the Closing Loopholes legislative changes, and include a significant amendment to the Fair Work Act 2009 (Cth) (FWA). This momentous shift follows the lodging of the Voluntary Small Business [...]
It’s that time of year again when work Christmas parties are being planned. The annual office Christmas party is an occasion to relax and celebrate the year’s accomplishments. However too often inappropriate behaviour fuelled by alcohol occurs which can lead to devastating consequences for employees and the employer alike. For the [...]
In late July 2024, the AAT held that pursuant to the Superannuation Guarantee (Administration) Act 1992 (“SG Act”), jockeys who raced at tracks owned by five race clubs between the period of 2009 to 2014 were employees of the clubs. The AAT found that due to a lack of evidence [...]
From 26 August 2024, changes to the Fair Work Act 2009 will occur in respect of independent contractors and unfair contract terms. In substance, these changes enable independent contractors who earn below the high income threshold to dispute unfair contract terms in the Fair Work Commission, offering a more efficient [...]
We refer to our previous update titled “New Reform giving employees the right to disconnect”. These changes have now commenced, effective 26 August 2024. Employees who are employed by a large business, which is defined as a business who employs more than 15 employees, will have the right to refuse [...]
Unfair Dismissal Employers should be aware of certain changes regarding the unfair dismissal provisions. For the unfair dismissal provisions to apply, assuming the employee has completed the minimum period of employment, the employee must: Earn less than the high-income threshold; or Be covered by a modern award or enterprise agreement. [...]
The Federal Court of Australia has found restaurant chain Din Tai Fung’s guilty of wage theft imposing fines of $4 million. The case was bought before the courts by the Fair Work Ombudsman (FWO) which secured the second highest penalties in its history. The Federal Court found that the fast food [...]
