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Unlawful 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 […]

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The 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: […]

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Performance 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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First case involving adverse action and the right to disconnect

Michelle Martin, a former teacher at Cairns Steiner School (School), has made a general protections application in the Federal Court of Australia, alleging that her dismissal was the result of her exercising (or intending to exercise) multiple workplace rights – including the newly introduced right to disconnect. This is the first case in the public […]

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Show some restraint: the Federal Government’s changes to non-compete clauses are coming

Minister for Employment and Workplace Relations, Amanda Rishworth, has confirmed that Labor will press ahead as a “real priority” with their election commitment to ban non-compete clauses for low and middle-income earners. These proposed reforms are part of a broader agenda aimed at “encouraging aspiration, unlocking opportunity, lifting wages and making Australia’s economy more dynamic […]

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Federal election 2025 result: Employment and industrial relations reforms

Following the re-election of the Albanese Labor Government, employers can expect further industrial relations reform underpinned by principles to provide increased employee and union protections. Many businesses are likely to be impacted by changes including the continued regulation of labour hire, changes to superannuation and post-employment restraints with the reforms set to benefit a broad […]

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Consumer Express | May 2025 Edition

In the May 2025 edition of Consumer Express, we focus on the key developments impacting our consumer clients, including the positive duty to prevent unlawful sexual discrimination, updates on wage theft laws, and the complexities surrounding retail lease rent reviews. We also take a closer look at the ACCC’s 2025-2026 enforcement priorities and the potential […]

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Heading to the polls: Workplace relations policies in the 2025 Federal Election

Australians will be heading to the polls on Saturday, 3 May 2025.  As campaigning gains momentum, we are seeing more details from the major parties on workplace and industrial relations reforms should they take power. At this stage, neither Labor nor the Coalition have proposed significant industrial relations reform agendas, which is not entirely surprising […]

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Learnings from recent ‘same job, same pay’ cases decided by the Fair Work Commission

In this article, we discuss two recent cases where the Fair Work Commission (FWC) has made or considered making ‘regulated labour hire arrangement orders’ (RLHA Orders), and the key takeaways for employers. Overview of ‘same job, same pay’ orders The ‘same job, same pay’ provisions were introduced in late 2023 under the Fair Work Legislation […]

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Deductions on termination of employment – Are they lawful?

In the recent decision of Bateup v Mornington Shire Council [2025] QIRC 61, the Queensland Industrial Relations Commission (Commission) ordered an employer to pay its employee the full amount of unpaid wages and annual leave entitlements that the employer had unlawfully deducted from the employee’s final pay. What happened in this case? Mr Bateup commenced […]

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New guidance for employers on sexual and gender-based harassment in the workplace

On 5 March 2025, the Federal Government approved the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 (Code). The Code provides guidance to persons conducting a business or undertaking (PCBUs) on how to protect workers against workplace sexual and gender-based harassment. The Code implements recommendation 35 of the Australian Human Rights […]

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Restricting the restraints: The government’s latest proposal

The Federal Government’s budget announcement on Tuesday included a significant workplace proposal to ban post-employment non-competition restrictions for some employees. A restraint of trade providing for non-competition restrictions are clauses that purport to limit competition with a previous employer for a period of time, and within a specified geographical location, after an employee has left […]

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