Most employers know that a genuine redundancy triggers redundancy pay. Far fewer know that the Fair Work Commission can reduce that payment — sometimes to nothing — where the employer has obtained other acceptable employment for the employee. And far fewer still appreciate the sting in the test: whether the alternative employment is “acceptable” is judged objectively. It does
What’s the real issue? Since the 2023 changes to the Fair Work Act 2009 (Cth), how you handle a flexible work request now matters as much as whether you say yes or no. Under section 65B, the Fair Work Commission (FWC) can now arbitrate refused requests — and order you to grant one anyway if you did not follow the
Flexible Work Requests: What Recent Fair Work Commission Decisions Require of Employers Read More »
When you make a role redundant, can you rely on the fact that there were simply no other jobs going? Not any more. Following the High Court’s 2025 decision in the Helensburgh Coal matter, “reasonable redeployment” under section 389 of the Fair Work Act now reaches beyond a list of vacant positions — in some cases it extends
A well-run workplace investigation is one of the strongest risk-management tools an Australian employer has. Done properly, it gives you a defensible basis to act on misconduct. Done poorly, the investigation itself becomes the liability — often costing more than the original complaint. The difference comes down to process: right scope, procedural fairness, privilege considered early, and
Probation is not a legal safe zone. Ending employment during probation removes unfair dismissal exposure — but not a general protections claim, a discrimination complaint, or a breach of contract. Getting the fundamentals right keeps you out of trouble. What’s the real issue? Employers routinely confuse two very different things: A contractual probation period — a creature of contract
Probation Done Properly: What Employer Obligations Under the Fair Work Act Really Mean Read More »
The biggest shift in Australian sexual harassment law is not a new penalty or complaint form. It is a change in who must act, and when. Under the Sex Discrimination Act 1984 (Cth), employers now carry a positive duty — a proactive, ongoing obligation to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, sex-based harassment, hostile work environments and victimisation, so far as possible.
The Positive Duty Explained: How Australian Employers Prevent Sexual Harassment at Work Read More »
The Fair Work Commission has overhauled how general protections claims are run, and the shift favours prepared employers. Representation is decided “on the papers” before conference; out-of-time applications are triaged before you are served; conciliation is a fast 60-minute, resolution-only session; and a new Early Dispute Resolution (EDR) pilot tests informal settlement calls soon after lodgement. The reforms reward preparation
At a franchisor presentation last night, a franchisee asked me a question that I suspect plays out in workplaces across Australia every single day. A promising candidate negotiates a higher hourly rate. The employer agrees — and to keep things simple, says the rate also covers the tool allowance and annual leave loading. Everyone shakes
Loaded pay rates: a tempting handshake that can land you in serious trouble Read More »
The 2026–27 Federal Budget was handed down on 12 May 2026, and while much of the headline commentary focused on tax cuts and cost-of-living relief, there is a lot in this Budget that Australian employers need to be thinking about right now. This is not a Budget of broad incentives. It is a Budget of