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 [...]
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 [...]
Managing a situation involving an employee suffering non-work related injuries can be challenging, and often difficult to navigate. It is widely misunderstood by employers that non-work related injuries automatically provide legal grounds to terminate an employee, however this is legally not the case. Employers have strict obligations they must adhere [...]
Late last year, our Employment Team covered the case in which an employee was validly dismissed for failing to be present in the office during her mandatory office days. A recent Fair Work decision has outlined the contrary with the absence of the employee on his mandatory office days not [...]
The positive duty was introduced into the Sex Discrimination Act 1984 (Cth) (SDA) in December 2022 and was a key recommendation of the Australian Human Rights Commission’s (Commission) landmark Respect@Work Report in 2020 led by former Sex Discrimination Commissioner Kate Jenkins. Organisations and businesses now have a positive duty to take ‘reasonable and [...]
Flexible working arrangements are becoming increasingly important for organisations attempting to access talent, boost productivity and to improve the work/life balance for employees. Recently, the Fair Work Commission rejected an employee’s claim that she was unfairly dismissed as she was working remotely without her employer’s consent. This case highlights that [...]
