12 June 2023

Wages Increase - FWC Awards 5.57 percent

Both employers and employees may not be entirely happy with the decision – neither got what they wanted - but it is like...


29 May 2023

Should Employer's really be fearing being 'roped in' to a multi-employer Enterprise Agreement in the new system?

It depends on who you ask. Most Employer groups have cautioned that the Secure Jobs Act's single-interest bargaining pr...


15 May 2023

Should managing performance be stressful?

In rejecting an employee’s claim for psychological injury from a reasonable performance assessment process, a recent Adm...


01 May 2023

Untrained Managers could be the reason you have a recruitment and retention problem

Employers know the high costs of recruitment and retention. “Quiet quitting” and the “War for Talent” remain consistent...


24 April 2023

Don't Sleep on Zombie Agreements

Employers currently covered by a pre-2010 workplace agreement (Zombie Agreement) are required to notify their employees ...


20 April 2023

Sexual Harassment Update and Video Tool

Just like the more general obligation to take positive steps to address psychosocial risks a number of jurisdictions hav...


14 April 2023

Psychosocial Safety Update and Tools to Meet the Employer's Duties

Australia is once again very close to achieving ‘enhanced’ obligations to tackle psychosocial safety with specific regul...


31 March 2023

Whistleblower Compliance

Recent action by the Australian Securities and Investments Commission (ASIC) has made it clear that it is serious about ...


06 March 2023

Mandatory publication of your business' gender pay gap information

Hot on the heels of the recent changes to Australia’s pay secrecy laws, employers with 100 or more employees may soon be...


24 February 2023

Paid family and domestic violence leave pay slip requirements now live

New laws prohibiting employers from including information on pay slips about paid family and domestic violence leave (PF...


14 February 2023

Are employer created COVID-19 vaccine requirements still enforceable at your workplace?

The short answer is yes. The NSW Industrial Relations Commission recently confirmed that it’s up to Employers to determ...


16 December 2022

COVID-19 Safety: What should workplaces be doing now?

In the wake of the 14 October 2022 scrapping of the mandatory COVID-19 isolation periods, employers and employees alike ...


09 December 2022

Can an Employer be responsible for an Employees psychological injuries suffered in an out of hours assault by a client?

Yes. In Bell v Nexus Primary Health, the Employer was held liable for its Employee’s sustained psychological injury an...


02 December 2022

Working from Heights - Safety Message not getting through to PCBU s

In a recent ruling, the NSW District Court has regretfully made comment that it seems the general deterrence message of ...


28 November 2022

Christmas functions - A timely reminder

A recent South Australian Employment Tribunal (SAET) decision which found that a worker’s alcohol-related injury sustain...


25 November 2022

Ten days paid Family and Domestic Violence Leave becomes law in Australia

The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 passed both houses of Federal parliament on ...


11 November 2022

Is it time to finally move away from my nominally expired or Zombie Agreement?

Yes. Whilst the pressure has been on business to upgrade nominally expired enterprise agreements and particularly those...


08 November 2022

How far will the new Labor government go in terms of interfering with management prerogative?

It seems much further than the previous Liberal government, if the new Fair Work Legislation Amendment (Secure Jobs, Bet...


28 October 2022

Should business plan for the Same Job Same Pay (SJSP) legislation?

Yes, despite full implications being at this stage unknown, businesses should keep an eye on the passage of the SJSP leg...


12 October 2022

New Respect at Work Changes

The new Labor government has made good on its promise to implement all of Kate Jenkins’ 55 Respect@Work recommendations ...


06 October 2022

Rectifying overpayments to employees

Overpayment to employees is just as common as underpayment. While overpayment itself is not unlawful, rectifying overpay...


03 October 2022

Can employers refuse their employee's annual leave request?

Yes, but only if there are reasonable grounds to do so. ...


23 September 2022

Is an employee's failure to comply with an employee's mandatory PPE policy ground for dismissal?

Yes, but only if the dismissal is not harsh, unjust or unreasonable....


15 September 2022

What happens if employees are unwilling to take sick leave

Employers and employees both have Work Health and Safety (WHS) obligations which include preventing sick individuals (in...


02 September 2022

Safe Work Australia's model WHS Code of Practice released: Managing psychosocial hazards at work

In line with the rapid growth in awareness (and claims) relating to psychosocial health at work, Safe Work Australia ha...


17 August 2022

How is your workplace managing current WFH and IT related risks?

During the initial stages of COVID-19, employers struggled with the new territory of an enforced WFH workforce and an in...


12 August 2022

Employers encouraged to keep a focus on Sexual Harassment, Gendered Violence and Sex Based Harassment

Many employers will notice an increase in Safety Regulators focusing their WHS campaigns on Sexual Harassment, Gendered ...


04 August 2022

Proposed changes to the NES' Family and Domestic Violence (FDV) Leave

A new bill was introduced to the House of Representatives which seeks to replace the current 5 day unpaid NES FDV leave ...


22 July 2022

Inappropriate emails between colleagues can create psychologically unsafe workplaces

Now more than ever it is important for employers to ensure that their workplaces are safe from not just physical but psy...


28 June 2022

The High Court confirms employer's positive duty to keep employees safe from work-related psychiatric injuries

The High Court recently handed down its decision in Kozarov v Victoria [2022] HCA 12, in which it made clear that employ...


24 June 2022

Important Employment Facts and Figures from 1 July 2022 onwards

See below or click here to save for future reference. ...


21 June 2022

Damages increasing for established sexual harassment claims

The damages awarded to applicant’s who successfully establish sexual harassment in the workplace are substantial, and ra...


20 June 2022

Mining company urged to properly investigate sexual harassment

Mining giant, Rio Tinto, has been urged by FWC to conduct a ‘proper’ investigation into what appeared to FWC to be the s...


10 June 2022

Stop Sexual Harassment Orders - FWC provides some clarity

As we have discussed in previous Edge updates, sexual harassment claims are becoming increasingly common in workplaces a...


03 June 2022

Jail term (suspended) for disregarding WHS risk

In a recent Work Health and Safety (WHS) prosecution, a director (of Illawarra Enterprises (QLD) Pty Ltd) was sentenced ...


31 May 2022

Labor promises improved WHS laws

Following on from our earlier article on the Labor government’s IR agenda – the party have also, at their most recent Na...


27 May 2022

The 2022 Australian Federal Election results and what this means for industrial relations

Whether the new Labor government will govern in majority or some sort of minority supported by the minor parties remains...


23 May 2022

FWC in support of paid Family and Domestic Violence Leave

On Monday, FWC full bench handed down its review decision that all modern awards should be amended to provide employees ...


13 May 2022

Redundancies - Making them genuine, lawful and respectful

No employer looks forward to a redundancy process – but it is crucial to take the time to step through the process prope...


14 April 2022

Employee benefits may drive earnings over High Income Threshold

The High Income Threshold (HIT), adjusted each financial year, currently sits at $158,500....


13 April 2022

Full Bench confirms connection between out of hours conduct and employment

In a recent Fair Work Commission (FWC) decision (Sydney Trains v Andrew Bobrenitsky), a full bench unanimously overturne...


08 April 2022

Unions seek 5 percent rise in minimum rates

Peak union body the ACTU has indicated it will pursue a 5% increase across all award rates in this year’s minimum wage r...


06 April 2022

WHS duties the same even with COVID-19 restrictions easing

A lack of public health orders is not an excuse for employers to drop the ball on keeping workplaces COVID-safe – that’s...


21 March 2022

Can I dismiss an employee for their out of hours conduct?

Yes, but only in limited circumstances....


10 March 2022

Employer liability travels with employees

A South Australian tribunal decision provides a caution to employers who provide non-work related benefits to their empl...


25 February 2022

Can Employers require anti-COVID vaccinations?

Unfortunately, the answer to this is not what most employers had hoped for and is still a little unclear....


24 February 2022

Contract is King but the Practical Reality Still Matters in Worker Classification

Some commentators are claiming that the High Court’s recent decisions relating to worker classification have placed prim...


21 February 2022

Can I require particular evidence of my employee's vaccination status?

Most likely yes, if you have an objective reason for requesting the evidence....


15 February 2022

Can I refuse a working from home request?

Most likely yes, so long as the refusal is based on valid business grounds. For workplaces that operate largely in an o...


10 February 2022

No shortcuts when terminating

In a recent Fair Work Commission (FWC) decision (Steve Petkovski v M J Luff Pty Ltd T/A Border Express [2021] FWC 5936),...


07 February 2022

Court Support for Employers Enforcing Vaccine Mandates

In late 2021, many Public Health Directions requiring vaccination for certain workers and industries came into effect. I...


03 February 2022

Identity of the Complainant: How much detail does the Respondent employee need?

Simply put, the Respondent employee will generally need to know the identity of a Complainant in order to adequately res...


31 January 2022

Should I keep my employee's IHI number?

Knowing an employee’s vaccination status has been an important tool in managing the risks of COVID-19 in the workplace. ...


21 January 2022

Is refusing to be vaccinated under a Public Health Direction a ground for dismissal?

Yes –but dismissal must not be harsh, unjust or unreasonable. ...


19 January 2022

Can I provide extra pandemic leave to vaccinated employees?

Most likely, yes. While traditional Personal / Carer’s Leave is available to employees who have tested positive to COVI...


17 January 2022

Reasonable requirements of employees prior to their return to work?

Employers are expected to be increasingly vigilant in managing COVID related risks in the workplace particularly when ma...


13 January 2022

Are Rapid Antigen Tests 'good' evidence of incapacity or illness?

Most likely “Yes”. COVID-19 testing generally provides employer with the most valuable information in assisting employe...


12 January 2022

What do we do when an employee won't comply with customer vaccination requirements for site entry?

We have previously discussed ways in which employers can navigate the emerging area of Public Health Directions / Orders...


23 December 2021

Close and Casual Contacts - Rules

The borders have now fully opened up and we are now in a new stage of dealing with COVID –unfortunately just in time for...


13 December 2021

Has the BHP decision regarding mandatory COVID Vaccinations provided clarity?

FWC Full Bench Speaks A 5 member FWC Full Bench on Friday 3 December 2021 handed down its eagerly anticipated decision ...


10 December 2021

Christmas and COVID: Can workplace celebrations still go ahead?

The short answer: yes –but it might look a bit different....


02 December 2021

Termination of Employment for Non-Compliance with Public Health Directions and Employer COVID Vaccination Policy

We previously discussed how to deal with early-stage non-compliance with Public Health Directions/ Orders or an Employer...


19 November 2021

Compliance Update for Employer's Mandatory Vaccination Policy

The activity around COVID-19 vaccinations has not abated. The trend (at this stage) is indicating an increasing number o...


18 November 2021

Compliance Update for Public Health Direction - TAS

Tasmanian businesses are currently dealing with a Public Health Direction compliance deadline of 21 November 2021....


10 November 2021

COVID Response - TAS Public Health Direction - Mandatory Vaccination of Certain Workers No.8

The Tasmanian Public Health Direction of 3 November 2021 (Direction) updated the earlier direction, which provided for m...


10 November 2021

Horticulture Award - Is this the end for piecework?

Employers in the Horticulture Industry have been scathing in their opposition to a recent FWC Full Bench decision which ...


05 November 2021

Mandatory COVID Vaccinations - Pathway to Progression

There continues to be a flurry of activity around COVID-19 vaccinations. The trend appears to focus on businesses creati...


25 October 2021

Mandatory COVID Vaccinations -Closer to reality but still unsettled?

There has been a significant amount of recent activity regarding the compulsory vaccination debate and unfortunately the...


22 October 2021

Long Service Leave (Victoria)-Clarity provided regarding the calculation of overseas and interstate service

The recent Victoria Court of Appeal decision ofInfosys Technologies Limited v State of Victoria[2021] VSCA 219 has helpf...


12 August 2021

Casual clarity... finally!

The High Court has given an anti-climactic endorsement of the Federal Government’s ‘fixing’ of the casual definition iss...


05 August 2021

Understanding the extent of Sexual Harassment in 2021

The landmark NSW Court of Appeal decision of Vitality Works v Yelda has been flooding legal commentary particularly arou...


12 July 2021

Wage Theft Laws Commence Victoria 1 July 2021

New wage theft laws will commence in Victoria on 1 July 2021 exposing employers to fines of nearly $1M for businesses, a...


11 June 2021

First Managing Psychosocial Hazards at Work Code of Conduct Introduced

As of 28 May 2021, New South Wales became the first jurisdiction in Australia to introduce the Code of Practice: Managin...


27 May 2021

More FWO staff to tackle compliance: How can you best utilise FWO?

The budget will result in FWO hiring at least 30 more employees in the 2021-22 financial year to beef-up its compliance ...


19 May 2021

What are the key timelines for casual conversion?

Following on from our earlier advice regarding the new casual conversion laws, we provide the following reminder for tho...


17 May 2021

Don't want to be personally liable for WHS breaches? How is your due diligence going?

The following headlines arising out of 3 recent WHS prosecutions should worry any ‘officer’...


11 May 2021

Has Good Faith Bargaining grown some teeth or gone too far this time?

The recent decision of Victorian Ambulance Union Incorporated v Health Select Pty Ltd t/a Health Select [2021] FWC 1434,...


07 May 2021

What do the proposed changes to the Fair Work Act mean for Sexual Harassment in your business?

For employers who have already kept up with contemporary policies and training, the proposed amendments to the Fair Work...


05 May 2021

Has the recent FWC decision regarding flu vaccinations just changed the position regarding COVID vaccinations?

The short answer is still “no”....


08 September 2020

Job Keeper Decisions

Whilst there is little doubt that JobKeeperhas done an excellent job at providing income support to business in a very s...


13 August 2020

Sweet relief for Mondelez. High Court reinstates the common practice for calculating personal leave

In a welcome relief for employers, the High Court earlier today confirmed that the NES reference to ’10 days’ of leave m...


13 May 2020

Return to Work: Safety Guidelines

Finally, some positive news. COVID-19 restrictions are planned to contingently ‘ease’over the next few months. ...


24 April 2020

Variation of Enterprise Agreements

Many ofyou have been asking whether you are able to waive upcoming pay increases provided in yourEAor make other changes...


27 March 2020

Can I require employees to take accrued long service leave?

One of the options to respond to the impact of COVID-19 on work availability is for employees to utilise accrued leave e...

Sign up for our 'Tips & Trends' Articles

You will get short, relevant articles on topical areas with actionable steps and real commentary

We care about the protection of your data. Read our Privacy Policy.