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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
Page 6 of 24 — 209 articles
No. The proposed Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 was recently tabled in Parliament with the intention of protecting penalty rates and overtime rates in Modern Awards only.
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Incivility in the workplace, such as eye-rolling and sarcastic remarks, might seem a ‘one off’ or ‘not worth making a fuss about’ but such behaviours can escalate into genuine psychosocial hazards if left unmanaged.
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No. But it is still a matter that employers will need to show they considered and were unable to reasonably implement. The High Court Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 found that, when considering a ‘genuine redundancy’, FWC can consider, amongst the range of factors, whether there is a genuine redundancy or whether it would have been reasonable to redeploy an employee to a role otherwise performed by a contractor.
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In Paul Collins v Intersystems Australia Pty Ltd [2025] FWC 1976 FWC made it clear that employees who make requests for flexible work arrangements (s 65 FW Act) need to demonstrate a clear and substantiated connection between their circumstances and the requested flexibility and the specific reason for the requested change.
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In (Mr Bertus Moers v The Trustee For Williamson Family Trust [2025] FWC 1344 (14 May 2025)) FWC confirmed that an employer properly dismissed a worker for deliberately failing to comply with a contractual term in their contract which required them to participate in medical examination to determine their FFW.
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The NSW government has released an exposure draft to amend its workers compensation legislation which will in summary provide: • New definition of “psychological injury” • New criteria for establishing an entitlement for compensation for psychological injury • Additional criteria for establishing an entitlement for compensation for psychological injury caused by "sexual harassment", "bullying" or "racial harassment" • Clarification of what constitutes “reasonable management action” and the circumstances in which compensation will not be awarded for psychological injury. • Modernising benefits and compensation thresholds to better reflect the cost of living and community expectations (s 32AA).
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In a previous article we provided an early notification that courts were appearing to be taking a different approach to the usual industrial practice (next pay period), FWO website (7 days) and the FWC’s standard settlement agreement (7-21 days) by requiring all termination payments to be made on the date of termination and not some time after. That trend appears to be continuing following the decision of Jewell v Magnium Australia Pty Ltd (No 2) [2025] FedCFamC2G 676 where the Federal Circuit and Family Court of Australia awarded penalties against the employer due to its failure to comply with statutory obligations to pay termination entitlements to an employee on the final day of employment.
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In (McCabe v UGL Engineering Pty Ltd [2025] FWC 1478 (29 May 2025)) FWC recently found a HSR who unilaterally shut down electrical generators on a major project – affecting first-aid facilities and other key areas of the site – was not unfairly dismissed because they had plenty of other options to appropriately deal with their safety concerns.
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No - according to the NSW Government who in its recent report to address the sustainability of the workers compensation system concluded that employers can expect the premiums to rise by 36% over the next three years to 2027 – 2028.
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