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December 2 2024

“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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November 18 2024

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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November 5 2024

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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October 18 2024

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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October 8 2024

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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September 23 2024

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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September 12 2024

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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August 27 2024

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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August 26 2024

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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August 12 2024

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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July 29 2024

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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July 16 2024

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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July 2 2024

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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March 6 2024

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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February 19 2024

Fumbling Procedural Fairness: The Risks of an Inadequate Investigation

When an employee behaves inappropriately, a quick termination may seem like a no-brainer. However, acting hastily can result in a finding of unfair dismissal if a proper process and procedural fairness is ...
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February 19 2024

Closing Loopholes Bill No. 2 passes Parliament

Earlier this month, it was confirmed that both Houses of Parliament passed the second tranche of amendments to the Fair Work Act 2009 (Cth) under the Albanese Government’s Fair Work Legislation Amendment ...
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December 6 2023

New regulations for fixed term contracts commence today

Utilising employees on a fixed term basis is an important tool for many businesses to undertake projects, cover long-term absences, and manage their workforce. However, as of 6 December 2023, new restrictions ...
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October 18 2023

Preparing for peak season: Understanding ‘reasonable additional hours’

In the lead up to the peak retail trade season, employers may have additional hours on offer to staff during busy times. Importantly, beyond being aware of the applicable rates of pay ...
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September 19 2023

Fair Work Commission announces review of retail and food service industry modern awards

In a further significant development in the industrial relations arena, the Fair Work Commission (the Commission) announced on Friday that it will be reviewing seven commonly used modern awards. The announcement follows ...
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August 22 2023

Director personally liable for wage underpayments

In a timely reminder about wage compliance, the Fair Work Ombudsman has recently persuaded a court to hold a director personally liable for underpayments made to staff. This case serves as a ...
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August 14 2023

Everyone has a role to play in preventing sexual harassment

Since the passage of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Act), employers have been grappling with how they can meet their duty to proactively prevent sexual ...
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August 7 2023

The Importance of Prioritising Proper Performance Management

As a manager or human resources professional in the retail or quick service sectors, managing employee performance can easily fall by the wayside amongst the hustle and bustle of day-to-day operations. In ...
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August 1 2023

Effective from today: Family and Domestic Violence Leave will apply to small businesses

The entitlement to 10 days of paid family and domestic violence leave (FDV Leave) has now been extended to small business. Effective from 1 August 2023, small businesses must ensure that they ...
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July 25 2023

Handling ‘Heat of the Moment’ Resignations

In the ordinary course of events, once an employee communicates their resignation to an employer, and the employer accepts the resignation, it is generally considered final, and the employee usually cannot retract ...
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July 24 2023

Deadline for destruction of COVID-19 vaccination information in Victoria

Employers in Victoria have until 11 August 2023 to destroy any COVID-19 Vaccination information they have recorded or held under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (the ...
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July 17 2023

Engaging part-time employees: Perfecting Part-time

Of all employment types, part-time employment is the category with a notorious reputation for being inflexible and includes intricacies that, if not watched carefully, can catch employers out with unforeseen consequences. Consider ...
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July 11 2023

Blackout periods and seasonal casuals: tips and tricks

While we may only be halfway through the year, it is generally time to start planning for seasonal periods and how to best cover increased staffing needs. The general solution businesses turn ...
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