The Fair Work Commission (FWC) has reinforced an important principle for employers conducting workplace investigations: disciplinary decisions must be based on a comprehensive assessment of the evidence, rather than a narrow focus on one employee’s role or seniority. In a recent unfair dismissal decision involving confectionery manufacturer Mars, the FWC ordered the reinstatement of a […]
A recent Full Bench decision of the Fair Work Commission (‘FWC’) has clarified the operation of the enterprise agreement termination provisions introduced under the Secure Jobs, Better Pay reforms, confirming that an employer cannot terminate an expired agreement merely because employees may receive more favourable conditions under a modern award. In Warrina Homes Inc [2026] […]
Flexible working arrangements have become one of the defining features of Australia’s modern employment landscape. Yet as recent decisions of the Fair Work Commission (FWC) demonstrate, the practical limits of flexibility continue to be tested where operational expectations collide with the realities of employee caregiving responsibilities. In Kliffen v Reapit Employment Services Pty Ltd [2026] […]
A recent Fair Work Commission (‘Commission’) decision Banfield and Stolz [2026] FWC 717 has reinforced the distinction between unreasonable workplace bullying and legitimate management action, confirming that direct or confronting workplace communications will not necessarily breach the Fair Work Act 2009 (Cth). The application arose from a series of emails and workplace interactions alleged to […]
A bargaining dispute lasting almost two decades is almost unheard of. The recent ruling of the Fair Work Commission (‘FWC’) however, has brought an end to a 17-year workplace standoff between Cochlear Limited Enterprises and the Australian Manufacturing Workers’ Union (‘AMWU’). Certainly, the decision represents a gradual evolution of Australia’s entire industrial relations landscape, evidencing […]
A recent decision of the Fair Work Commission (FWC) reinforces that even where an employee engages in misconduct, a dismissal may still be found to be unfair if the employer fails to follow a proper and fair process. In this case, a truck driver was dismissed following several incidents including placing pornographic material in a […]
A recent decision of the Victorian Civil and Administrative Tribunal (‘Tribunal’), reported by Workplace Express, provides a useful examination of how workplace surveillance interacts with protections against psychological harm. The case involved a Crown Melbourne (‘Casino’) employee who alleged that comments made by a manager about extensive CCTV coverage amounted to a threat or implied […]
In New South Wales Nurses and Midwives’ Association v Health Secretary [2026] NSWIRComm 4 (the Decision), the NSW Industrial Relations Commission (the Commission) has found that the work of public sector nurses, midwives and assistants in nursing has been historically undervalued. The Commission awarded heavily front‑loaded wage increases of up to 28% over three years […]
The Fair Work Commission’s (FWC) President, Adam Hatcher, has released a draft code of conduct for paid agents and is now seeking feedback from stakeholders. The proposed code introduces stronger compliance measures, including potential bans or the revocation of appeal rights for agents who breach their obligations. Paid agents are not lawyers, yet they charge […]
New guidance released March 2026 by Diversity Council Australia (DCA) and Autism inclusion organisation, ‘Amaze’, has drawn attention to a significant gap in workplace diversity practices. While 15-20% of the global population is estimated to be neurodivergent, very few employers collect any information which would help understand the needs, experiences and barriers faced by […]