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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
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FWC (click here) found an employee was unfairly dismissed for allegedly refusing mediation at the exact time she was participating in it and has awarded significant compensation.
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Two significant changes are foreshadowed in Victoria for work from home (WFH) and sexual harassment non-disclosure agreements (NDAs) . . . and employers are not happy Jacinta!
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FWC approved a: - 4.75% increase in most Award rates; and - 5.97% increase to the National Minimum Wage (NMW) which takes effect from the first full pay period after 1 July 2026.
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Yes, according to NSWIRC (decision) where it confirmed that poor investigation processes and ill considered alternative duties can themselves breach WHS duties and expose workers to serious psychosocial harm.
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In the first published decision under the Fair Work Act’s new sexual harassment provisions, a café manager has been ordered to pay a young worker $90,000 following a serious incident of workplace sexual harassment. The ruling provides an early indication of how courts will approach remedies under the 2023 reforms, particularly where power imbalances and worker vulnerability are present.
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Existing WHS and workplace laws already require employers to manage the risks posed by artificial intelligence and they cannot outsource responsibility to technology the Federal Government has confirmed, but further regulation targeting AI is likely to occur on a jurisdiction by jurisdiction basis as adoption accelerates, particularly as NSW has already amended its WHS Act to explicitly require employers to manage WHS risks from AI, algorithms and digital platforms.
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No, according to the FWC in Wibmer v Fujifilm Data Management Solutions Pty Ltd, where they found that an employee’s persistent and escalating use of AI generated complaints in response to a resolved bullying issue rendered the employment relationship untenable. Critically FWC recognised that whilst employees are entitled to raise and pursue concerns, an obsessive and unreasonable refusal to accept outcomes — particularly when coupled with dishonesty — can justify dismissal because there is no longer the mutual trust and confidence in the employment relationship.
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From 1 July 2026, employers will be required to pay superannuation with every pay cycle, not quarterly. Super will need to be calculated at 12% of qualifying earnings (a broader base than ordinary time earnings) and paid so it reaches employees’ super funds within seven days of payday. The ATO will monitor compliance in near real time, with stronger enforcement powers.
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No. In Matthew Tran v East Metropolitan Health Service, the WAIRC confirmed that a 2 year absent employee's return to work intentions alone was not enough to amount to foreseeable fitness where the medical evidence points to ongoing incapacity.
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