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Employer and employee discussing part-time employment contract

FWC to review part-time provisions under modern awards and new Bill introduced to protect penalty rates

Significant changes may be on the horizon for part-time employment arrangements under some modern awards, as the Fair Work Commission (FWC) has initiated a major review of part-time employment provisions under a ...
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Development of sexual harassment prevention plans in consultation with workers

Tips for developing sexual harassment prevention plans for Qld PCBUs

Workplace sexual harassment continues to be a serious and prevalent issue across Australian workplaces. In recent years, a raft of legislative developments, at both state and federal levels, have shifted employer responsibilities ...
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Redundant employee, highlighting lessons for employers on how to handle alternative employment offers and avoid unnecessary redundancy costs.

Redundancy entitlements halved: The cost of refusing reasonable redeployment

Restructures and site relocations can trigger complex legal and practical challenges for employers, particularly when employees resist redeployment offers. A recent Fair Work Commission (FWC) decision serves as a clear reminder for ...
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Toy company fined $100,000 over failure to manage the risk of sexual harassment

A recent decision has highlighted the potential consequences of taking a half-hearted approach to managing psychological hazards in the workplace, particularly in relation to sexual harassment. The Heidelberg Magistrates' Court imposed a ...
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FWC confirms casuals’ voting eligibility in enterprise agreement approval

Introduction A recent Fair Work Commission (FWC) decision has clarified the circumstances when casual employees may be eligible to vote on enterprise agreements. The decision affirms that eligibility hinges not solely on ...
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Employment terminated for failing to show fitness for work.

Failing to show fitness for work a valid reason for dismissal

Introduction A recent unfair dismissal case from the South Australian Employment Tribunal (SAET) has confirmed that it may be reasonable to terminate employees who refuse to follow lawful and reasonable directions, particularly ...
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Casual employee dismissed due to limited availability.

Casual Worker’s Limited Availability Costs Job, FWC Agrees

In a recent decision, the Fair Work Commission (FWC) upheld an employer’s dismissal of a casual employee who had not worked a shift for over 90 days, citing limited availability and a ...
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While most employers are familiar with the occasional misuse of sick leave, many find themselves asking: what can we actually do when we’ve been given a medical certificate?

Online medical certificates may not always justify absence

When an employee calls in sick, only to be seen interstate enjoying a major sporting event, alarm bells are bound to ring for their employer. While most employers are familiar with the ...
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Fitness instructor flexes win in FWC, following unfair dismissal by gym

Have you ever considered terminating an employee for picking up secondary employment with a competitor? In a recent decision, the Fair Work Commission (Commission) found that World Gym Prospect (WGP) unfairly dismissed ...
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A lesson in fairness: Lack of valid reason makes childcare worker’s dismissal unfair

The Fair Work Commission (Commission) has highlighted that in determining if a dismissal is unfair, they will consider whether the employer had a valid reason for dismissal relating to the person’s capacity ...
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Employer following proper redundancy consultation process

From a casual coffee chat to a workers compensation claim: how to avoid mishandling the redundancy process

In a recent case, the NSW Personal Injury Commission has highlighted the importance of employers undertaking proper consultation processes, especially when it comes to redundancy decisions. The case, Khan v Hitachi Energy ...
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WHS officer reviewing due diligence obligations.

Understanding due diligence obligations for WHS officers

As a workplace health and safety (WHS) officer, your role is integral to maintaining a safe and compliant work environment. But what exactly does this role entail? This article will provide an ...
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Wage theft is now a criminal offence in Australia. Employers who intentionally underpay staff face heavy penalties.

Laws criminalising wage theft now in effect

As we usher in the new year, businesses across the country face a significant shift in their payroll responsibilities. As of 1 January 2025, it is now a criminal offence for employers ...
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To dismiss an employee for breaching a policy, employers must show the worker had comprehensive training on workplace policies.

“Tick and flick” training on workplace policies rendered dismissal unfair

The Fair Work Commission has yet again highlighted that if employers are seeking to dismiss an employee on the basis that they breached a workplace policy, they must be able to clearly ...
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Commission affirms that conduct outside the workplace has sufficient connection to employment

The Fair Work Commission (Commission) recently ruled in favour of an employer who dismissed a highly intoxicated worker for harassment and sexual harassment at an offsite location, in a decision that reinforces ...
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Staffing the silly season: Important considerations for employers

While other industries prepare to wind down for the year, things are only just starting to heat up for retailers across Australia. As the festive season fast approaches, managers are encouraged to ...
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Employee working unreasonable hours

Key considerations where employees claim they work unreasonable hours

In a recent case involving a former marketing manager and her employer, a judge has emphasised the importance of detailed evidence when pursuing claims relating to working unreasonable hours. This ruling serves ...
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Queensland Introduces Positive Duty to Eliminate Discrimination

The Queensland Parliament has enacted significant reforms to the Anti-Discrimination Act 1991 (Qld) (Anti-Discrimination Act) through the passage of the Respect at Work and Other Matters Amendment Bill 2024 (Amendment Bill). This ...
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Termination upheld for employee engaging in abusive out-of-hours conduct

A Commonwealth Bank (CBA) employee who was terminated for sending abusive text messages to his manager has been unsuccessful in claiming that his termination was unfair because the text messages were sent ...
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Defending employee claims: Common pitfalls to avoid

Have you considered what your business would do if you faced an unfair dismissal or general protections claim? Would you attempt to defend the claim on your own, or opt to seek ...
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Significant employment law changes commence this week

Significant changes have commenced as of 26 August 2024, following amendments made to the Fair Work Act 2009 (Cth) (Act) by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. ...
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Delay costs worker: FWC denies Application filed 60 seconds late

In a decision confirming the strict application of filing deadlines in the Fair Work Commission (Commission), a worker has had her general protections claim rejected for filing her application at 12:01am on ...
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New research shines spotlight on the prevalence of sexual harassment in the retail industry

The National Research Organisation for Women’s Safety, in collaboration with the University of Sydney and the Australian Retailers Association, have released a report on the prevalence of sexual harassment in the retail ...
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Preparing for the introduction of a workplace right to disconnect

As part of amendments made to the Fair Work Act 2009 (Cth) (Act) by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, imminent changes will insert a right to ...
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Enterprise Bargaining Update: Understanding Intractable Bargaining Declarations

As part of the Secure Jobs, Better Pay (SJBP) reforms to the Fair Work Act 2009 (Cth) (FW Act), section 235 now gives power to the Fair Work Commission (FWC) to make ...
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Union delegates’ rights term inserted into Modern Awards from 1 July 2024

Following the introduction of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (Closing Loopholes Act), the Fair Work Commission (FWC) has included entitlements for workplace delegates in all modern awards ...
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Missing in action: When is an employee considered to have abandoned their employment?

When an employee doesn’t show up to work and is unable to be contacted, termination seems like the next obvious step; however, acting hastily can result in the termination being overturned. Recently, ...
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