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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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Newsletter

WFH rules to remain . . . for now

Labor senators have recently sided with the Coalition to vote down a Greens amendment to the Government's penalty rates legislation that would require employers to consider requests to work from home for up to two days a week, "if practical" and for employers to only be able to refuse requests "if it would make the performance of the inherent requirements of the role seriously impractical or impossible".

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Newsletter

Record at Your Own Risk: FWC’s Stance on Covert Recordings in the Workplace

There have been many occasions where employees have secretly recorded workplace conversations, meetings, or counselling sessions, believing it necessary to protect their lawful interests regarding the termination of their employment. However, even though it may seem reasonable for employees to record private conversations to protect their interests, safeguard a third party, or gather evidence for legal proceedings, employers should take steps to guard against this type of behaviour.

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Bullying

Employers don’t have to put up with toxic bullying claims

FWC (Applicant (AB2025/40) [2025] FWC 2459 (22 August 2025)) recently dismissed a worker’s "absurd" and "baseless" claims of bullying and micromanagement against a senior WHS professional and ten other employees, demonstrating that employers shouldn’t and don’t have to put up with toxic claims.

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Contracts

Is this the end to Annualised Salaries for Award covered employees?

Possibly? The Federal Court recently delivered its much anticipated judgment in what everyone is calling the Woolworths and Coles decision. This decision has already received unprecedented media attention and has broad implications for: offsetting, annualised salaries, record-keeping obligations and the strict requirements for varying Award conditions.

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Safety

Can employers use psychosocial risk management processes for WHS Undertakings?

Yes. SafeWork NSW recently accepted a $700K+ enforceable WHS Undertaking from an employer, in lieu of prosecution arising out of an electric shock incident with more than half of the costs dedicated to implementing a comprehensive psychosocial risk management process and rolling out a three-tiered safety training program.

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