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 […]
A series of recent penalty decisions against Woolworths have highlighted a message that courts are increasingly willing to spell out: large employers cannot dismiss compliance failures as minor, localised, or merely “technical”. In proceedings brought by the Australasian Meat Industry Employees’ Union, Woolworths Group Limited admitted multiple breaches of its enterprise agreements affecting three part‑time […]
The Fair Work Commission’s (FWC) recent decision in Courtney Sewell v dnata Airport Services Pty Limited [2025] FWC 2823 (Sewell) serves as an important reminder of the risks employers face when workplace investigations fall short of proper processes. Irrespective of whether an employer acts promptly, any procedural or communicative flaws can still lead to findings […]
The Victorian Government is proposing groundbreaking legislation to legally entrench a right for employees to work from home (WFH) “at least two days per week”, where their role can reasonably be performed remotely, aiming to boost workforce participation and work–life balance. Crucially for small businesses, no exemption by size will be made. Subsequently, all employers, […]
In the recent decision of Bakers Delight Holdings Ltd v Fair Work Ombudsman [2025] FCAFC 144 (the Decision), the Federal Court of Australia (the Court) has held that the Fair Work Ombudsman (the FWO) has the power to hold franchisors to account for the conduct of their franchisees, namely, breaches of the underpayment provisions of […]
The Allen Labor Government has introduced the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Bill 2025 (the Bill) to the Victorian Parliament. The Bill seeks to limit the use of non-disclosure agreements (NDAs) in the settlement of workplace sexual harassment matters, marking the first legislation of its kind in Australia and one of the few […]