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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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NSW District Court recently in SafeWork NSW v Momentum Consulting Group Pty Ltd [2025] NSWDC 400 found that a labour-hire company could not rely on a “mistake-of-fact” defence after one of its workers suffered a catastrophic injury while operating machinery at a host employer’s site.
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FWC recently in Courtney Sewell v dnata Airport Services Pty Limited [2025] FWC 2823 found that serious flaws in dnata’s handling of a sexual harassment complaint—combined with its refusal to adjust rosters – left the employee with no choice but to resign. The employee reported that a male colleague made inappropriate comments about her wearing a hijab and mini skirt to a social event, which made her feel extremely uncomfortable. She followed internal channels to report the incident, but the investigation process quickly began to unravel.
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New notifiable incident requirements that particularly deal with psychosocial incidents have been added to the model WHS Act and Regulations for the harmonised states. It is now up to each harmonised state and territory (ie excludes Vic and WA) to ‘update’ their own WHS Act and Regulations so stay tuned for the operative dates in your areas of operation.
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All businesses experience the pre-Christmas rush. Workplaces seek to ‘clear the decks’ before they ‘deck the halls’ with their family and friends, and this in turn places additional demands on other workplaces. The cycle is unhelpful for all businesses and is likely to contribute to fatigue of workers. Will this year be any different?
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Christmas is a great time of year but unfortunately, work functions can be fertile ground for incidents that lead to not only WHS claims but also: sexual harassment, sex based harassment, hostile work environment, sex discrimination, victimisation (collectively the Respect@Work obligations), plus bullying, adverse action, unfair dismissal and privacy claims as well.
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Even as the world settles into a post-pandemic rhythm, WFH is holding strong in Australia. According to the latest HILDA report, 35% of employees now work from home at least some of the time and 15% do most of their work remotely. For perspective, WFH peaked during the pandemic in 2021 at 38% for any WFH and 23% for most hours. Full-time WFH of five days or more remains under 5% but a flexible hybrid model has clearly become the norm.
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The new Fixed Term Contract Information Statement has been released and will be required to be issued for all new Fixed Term arrangements in addition to the general Fair Work Information Statement from 1 November 2025. It is available on the FWO website*.
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In Fernandez v Australian Postal Corporation [2025] FCA 1144 the Federal Court quashed an Administrative Appeals Tribunal decision that had rejected a postal worker’s psychological injury claim on the basis of "maladaptive personality characteristics".
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In WorkSafe v Indimax Production Pty Ltd, Melbourne Magistrates Court, 24 September 2025 the Court convicted and fined a video production company for failing to implement safeguards against sexual harassment. The employer was prosecuted under s 21(1) of the Occupational Health and Safety Act 2004 (Vic) for failing to maintain a safe workplace and was fined $40,000, while its Director was personally fined $15,000.
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