Topic
20 articles from our Tips & Trends archive.
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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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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The High Court in Elisha v Vision Australia Limited [2024] HCA 50 (11 December 2024) has made it clear that an employee can claim damages for psychiatric injury if an employer breaches its disciplinary procedures incorporated into an employment contract.
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FWC Shane Gration v Bendigo Bank [2024] FWC 717 (15 April 2024) has rejected a high performing employee’s request to work solely from home to care for his wife who had a medical condition and school aged child because he failed to provide sufficient and consistent evidence to support his claim that he needed to work 100% from home.
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Minimum pay rates for introductory classification or entry-level employees under some Modern Awards may go up on the first full pay period on or after: 1 January 2025 1 April 2025 for employees under the Horticulture Award and Pastoral Award.
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The Federal Court (Alouani-Roby v National Rugby League Ltd [2024] FCAFC 161 (12 December 2024) has rejected an employee’s claim that the employer unfairly ended his employment by not renewing his maximum term contract.
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A company director was awarded $238,000 in costs (click here) following the WHS Regulator’s failed attempt to prosecute him for due diligence offences that followed after a male customer died and his wife was severely injured in a zip line accident in Queensland.
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Despite recent commentary indicating other international jurisdictions are considering ‘outlawing’ restraints of trade a recent Federal Court of Australia decision (click here) enforced a 12-month restraint period against a manager and required him to pay $500,000 damages to his former employer after soliciting 45 clients to a rival competitor.
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You would be aware of the recent changes to casual employment including the introduction of an ‘employee choice’ pathway for conversion to permanent employment.
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The FWC increase (if applicable) is payable on the “first full pay period” after 1 July 2024. This means that the FWC increase will be implemented differently for each Employer depending on their usual ‘pay day’.
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The Full Federal Court (Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45) has recently found that employers have an obligation to assess whether employees in a redundancy situation could replace already engaged contractors (not other employees) before making them redundant.
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The Closing Loopholes legislation sought to provide further clarity to the vexed issue concerning ‘regular’ Casuals. It hasn’t.
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For most businesses, the restrictions on the use of fixed and maximum term contracts have already become operative as of 6 December 2023
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FWC has confirmed the long held understanding that failing to meet reasonable KPIs will be a valid reason for dismissal but unreasonable KPIs will be unfair.
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If your business is in the private sector and employs over 100 employees, it’s well and truly time to get ready for your mandatory gender pay gap reporting obligations (if you haven’t already).
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The procedural steps taken during the termination process are crucial. In a recent FWC decision Mr Simon Ronchi v Johns Lyng Group [2022] FWC 326 (available here) FWC has again emphasised the importance of procedural fairness during the termination process, even where there is a valid reason for dismissal.
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The High Income Threshold (HIT), adjusted each financial year, currently sits at $158,500.
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Some commentators are claiming that the High Court’s recent decisions relating to worker classification have placed primacy on the terms of a contract, to the exclusion of the practical realities of the work.
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Employers in the Horticulture Industry have been scathing in their opposition to a recent FWC Full Bench decision which (pending a last minute appeal) looks likely to mean the practical end of the current piecework system.
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The High Court has given an anti-climactic endorsement of the Federal Government’s ‘fixing’ of the casual definition issue by overturning the Full Federal Court decision in Rossato.
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