Unfair Dismissal Claim Fails after Employee Refuses Return to Office Direction
Executive Summary The Fair Work Commission (FWC) has dismissed an unfair dismissal claim brought by a PaperCut employee who was terminated after refusing to comply with a return to office direction. The Commission found the direction to be lawful and reasonable and held that the [...]
Jacksons Drawing Supplies Pty Ltd v Jackson’s Art Supplies Ltd (No 2) [2025] FCA 1127
The Federal Court recently considered a passing-off dispute involving two competing art supplies businesses operating under the name “Jackson”. The Australian retailer and applicant, Jacksons Drawing Supplies (JDS), whom did not register the trade mark “Jackson”, brought proceedings against Jackson’s Art Supplies (JAS) the UK competitor and [...]
Criminal Record Checks at Work: Relevance, Spent Convictions and Privacy Risks for Employers
Criminal record checks are now a routine feature of recruitment in many industries, and are increasingly considered by employers as part of their broader risk management and compliance frameworks. They are often introduced with practical objectives in mind: the protection of staff and customers, meeting [...]
Set-Off Clauses Challenged – Federal Court Clarifies Award Payment Obligations in a Major Wakeup Call for Employers
A landmark Federal Court decision has confirmed that set-off clauses in employment contracts will not always validly discharge award entitlements. In Fair Work Ombudsman v Woolworths Group Limited [2025] FCA 1092, the Federal Court held that employers cannot average or offset award underpayments across different [...]
Victoria’s new psychosocial health regulations have commenced – Employers are you complying?
Victoria's new psychosocial health regulations have commenced – Employers are you complying? Since 1 December 2025 a new positive duty applies to Victorian employers to proactively identify, manage and eliminate psychosocial hazards in their workplace. The Occupational Health and Safety (Psychological Health) Regulations 2025 (the [...]
Beyond Policy – The FWC Reinforces the Duty to Genuinely Consider Flexible Work Arrangements
A recent employment dispute heard by the Fair Work Commission (‘FWC’) has highlighted the obligation that employers have when dealing with requests for flexible working arrangements. In Chandler v Westpac [2025] FWC 3115, the FWC found that the employer, in refusing their employee’s request to [...]
FRANCHISORS TAKE NOTE
In Australia, the conduct between franchisors and franchisees is regulated by the Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (“Franchising Code of Conduct”). The Franchising Code of Conduct is a mandatory industry code enacted pursuant to the Competition and Consumer Act 2010 (Cth) (“CCA”), and [...]
When “remedy defects” means “pay damages”: lessons from Grech v Biltar Pty Ltd [2025] VSC 636
A recent Supreme Court decision illustrates the risks of settling a building dispute by requiring a builder to “remedy defects” rather than paying money. Even where the obligation to remedy defects is contained in a formal settlement deed, the Court will rarely compel specific performance [...]
How the Trustee can remove the Appointor
In Staley v Hill Family Holdings Pty Ltd [2025] QCA 95, the Queensland Court of Appeal found that the power of a trustee to remove the appointor of a trust, pursuant to the Trust Deed, highlights the risks involved when establishing trusts without having the proper [...]
Agents: Don’t pay for the privilege of working for free
A recent County Court decision (Cellmore Real Estate Pty Ltd v Funston [2025] VCC 1205) is a sharp reminder for estate agents. If an authority is not completed properly, the agency cannot recover marketing fees. In Cellmore, the Exclusive Sale Authority listed advertising costs as [...]