“They invoice us. They have an ABN. They’re a contractor.” That reasoning has never been enough, and in 2026 it is actively dangerous. A single worker can be a contractor at common law, an employee for superannuation purposes, and a deemed employee for payroll tax — all at the same time, under three different tests. […]
For decades, superannuation was a quarterly problem. You accrued it, you reconciled it, and you paid it within 28 days of the quarter’s end. From 1 July 2026 that model is gone. Superannuation is now a pay-cycle obligation: contributions must be received by the employee’s fund within seven business days of payday. Miss it — even by a day, even by a small amount — and
What’s the real issue? Having a psychosocial health and safety policy is not the same as managing psychosocial risk and regulators increasingly treat the gap as a breach. The most common mistake we see is treating this as an HR document rather than a WHS obligation owned by senior leadership exactly the “Band-Aid solution” the Model Code of Practice warns against. A
Managing Psychosocial Risks in the Workplace: Why a Policy Alone Won’t Protect You 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
If you pay an annual salary to award-covered staff, the Coles and Woolworths underpayment decision should be on your radar. Paying a generous salary that “washes out” over a year is no longer enough: a set-off must satisfy award entitlements in each pay period — not on average across the year. That point redraws the compliance map for Australian
Managing ill and injured employees is one of the highest-risk tasks any Australian employer faces. When a worker is injured or falls ill, several legal regimes switch on at once — and they don’t always agree. Get it right and you protect your people and your organisation. Get it wrong and one termination can trigger multiple claims. Here’s how to do it —
When a worker is killed or seriously injured at work, the first 48 hours shape everything that follows — your legal exposure, your standing with the WHS regulator, the wellbeing of your people, and your ability to defend any future prosecution. The best predictor of a good response is having an incident-response plan ready before anything happens.
The First 48 Hours After a Serious Workplace Incident: An Employer’s Response Plan Read More »
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 »
Performance-manage an underperformer, restructure a team or investigate a bullying complaint, and you are no longer working within employment law alone. That decision now sits inside your work health and safety duty — and a process that is perfectly lawful under the Fair Work Act can still expose you under WHS legislation. The answer is not to