A system under strain: The “unsustainable” rise in Fair Work Commission applications
In a statement released earlier this month by Justice Hatcher, President of the Fair Work Commission, the current workload of the Fair Work Commission (Commission) has been put under the spotlight.[1] Justice Hatcher expressed concern that the continuing growth in applications is “unsustainable within the Commission’s current operational, performance and funding structures” and compromises “the […]
Readmore2025 year in review: A recap of workplace law changes and upcoming changes in 2026
This past year saw numerous changes to workplace laws and significant case developments. This article provides a summary of the 2025 changes and an overview of some key changes to have on your radar for 2026. Key updates: What employers need to know 1. Employment contracts: The future of set-off clauses In September 2025, the […]
ReadmoreBreaking the silence: Victoria to restrict the use of non-disclosure agreements in workplace sexual harassment cases
On 29 October 2025, the Victorian Government introduced the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Bill 2025 (Vic) (Bill) to parliament. The Bill responds to findings by the Ministerial Taskforce on Workplace Sexual Harassment in Victoria (Taskforce) that non-disclosure agreements (NDAs) are being misused to silence workers who have been subjected to sexual harassment, […]
ReadmoreConsumer Express | October 2025 Edition
In the October 2025 edition of Consumer Express, we explore the latest legal and regulatory developments impacting the consumer sector, with a focus on the emerging trends and challenges our clients are navigating. This edition covers the continued growth in online retail spending, driven by the rise of mobile-first shopping experiences, as well as the […]
ReadmoreOver and under, under and over: The future of set-off clauses in employment contracts
Earlier this month, Justice Perram of the Federal Court of Australia issued a lengthy judgment in the consolidated proceedings against supermarket giants Coles and Woolworths in relation to alleged breaches of the Fair Work Act 2009 (Cth) (FW Act), the Fair Work Regulations 2009 (Cth) (FW Regulations) and the General Retail Industry Award 2010 (Award) […]
ReadmoreWhen things go wrong: Expensive lessons arising from inappropriate behaviour in the workplace
Magar v Khan [2025] FCA 874 In this case, the employee (Ms Magar) alleged that during the course of her employment, her employer, the business owner and senior manager (Mr Khan) and other male members of a group of employees, sexually harassed her, harassed her on the ground of sex, and victimised her for complaining […]
ReadmoreI’m working from home today: Lessons from Louise v Metcash
Background The Fair Work Commission has made orders requiring an employer to grant an employee’s request for an exemption from its return to the office mandate. Catherine Louise was employed by Metcash Trading Limited (Metcash) on a full-time basis in an administrative capacity. She had worked remotely since commencing employment with Metcash during the COVID-19 […]
ReadmoreIt’s my right: The state of the debate on proposed work from home rights
Last month, Victorian Premier Jacinta Allan, announced that the State Labor Government plans to introduce legislation establishing a right to work from home before the 2026 state election. Labor’s proposal would give both public and private sector employees the right to work from home at least two days a week if they can reasonably perform […]
ReadmoreThe right to work from home: Premier Allan’s promise to Victorian voters
Over the weekend, Victorian Premier Jacinta Allan announced that the State Labor government intends to legislate a right to work from home at least two days a week for public and private sector employees. The Government plans to undertake consultation with relevant stakeholders to determine the appropriate form for these laws, with a view of […]
ReadmoreUnlawful dismissal for expressing political opinions on social media
What happened in this case? Ms Lattouf was engaged on a casual basis to host the ABC Radio Sydney Mornings show for five days. During that engagement, Ms Lattouf reposted a Human Rights Watch video, titled “The Israeli Government is using starvation as a weapon of war in Gaza”, on her social media. The ABC […]
ReadmoreThe Fair Work Ombudsman releases Payroll Remediation Program Guide
On 1 May 2025, the Fair Work Ombudsman (FWO) released the Payroll Remediation Program Guide (Guide). The Guide is designed to assist employers, and their representatives, to identify and correct underpayments of employee entitlements under the Fair Work Act 2009 (Cth) (FW Act). Purpose of the Guide The Guide has been developed in response to: […]
ReadmorePerformance and conduct dismissals – recent cases and lessons for employers
The Fair Work Commission received a record 40,190 lodgements last financial year, with unfair dismissal applications accounting for 37% of the total. These claims can be costly and time-consuming for employers. While data shows that most cases settle at conciliation stage, where they progress to full determination at a hearing and an employee is successful, […]
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