Victoria’s Psychosocial Health Regulations have been in force for over 6 months now coming into effect on 1 December 2025. We refer to our previous Update on this topic in December 2025 where we noted a key takeaway for employers was to be able to demonstrate to WorkSafe Victoria that [...]
The Fair Work Commission has upheld a dismissal of a senior staff-member for taking up a secondary job because it contravened their contractual duties. With side jobs and secondary careers becoming increasingly common, this decision highlights the importance of reviewing the terms of employment before considering taking on an additional position. [...]
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 employee’s contract did not provide [...]
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 pay periods using a set-off [...]
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 Regulations) strengthen the occupational health [...]
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 work from home, had failed [...]
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 874 is the first to [...]
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 with mental health issues. Safe [...]
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. While these decisions can offer [...]
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 [...]
