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 [...]
When executors should stand firm: Court rejects “extravagant” TFM claim with heavy costs consequences
Executors are often placed under pressure to settle Testator’s Family Maintenance (TFM) claims to avoid the cost and uncertainty of litigation. A recent Victorian Supreme Court decision shows that not all claims warrant compromise and that courts are willing to protect estates against opportunistic litigation. [...]
Federal Court Awards $305,000 in Landmark Sexual Harassment Decision
In a recent decision by the Federal Court of Australia a claimant has been awarded $305,000, regarding claims of workplace sexual harassment, making it one of the highest awards ordered under the Federal Sex Discrimination Act 1984 (Cth) (‘SDA’). The case of Magar v Khan [2025] FCA [...]
The Future of Private Ancillary Funds: A Shift toward “Giving Funds”
Private Ancillary Funds as we know them, may soon be a thing of the past. The Australian government has released a consultation paper with recommendations to reform the operation of both Public and Private Ancillary Funds. The new recommendations embrace a suite of changes which aim [...]
Dismissal Decisions and Mental Health Issues – What do you need to be aware of as an Employer?
For employers, mental health conditions are among the most costly types of workplace injuries, often resulting in significantly longer absences from work and higher compensation compared to other injuries or illnesses. Dismissal decisions can also become particularly sensitive where the employee concerned is also dealing [...]
Outsourced but Not Outside the Law: the Pascua Case
In this era of growing technological and economic integration, the modern workplace is no longer confined to national boundaries. Businesses are increasingly choosing to outsource various roles such as administrative work or marketing to foreign markets where workers can be engaged at a significantly lower cost. [...]
Employee sues for $780k after alleged breach of Right to Disconnect
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 [...]