Employment and workplace

Introduction of industrial manslaughter offence and increased workplace penalties

On 4 September 2023, Employment and Workplace Relations Minister Tony Burke introduced into Parliament the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), outlining significant changes to the Work Health and Safety Act 2011 (Cth) (WHS Act).

Fair Work Commission cautions employers on clarity of OH&S policies

The Fair Work Commission has remitted an application for an unfair dismissal remedy for re-determination after it found that the Commissioner who heard the application failed to deal with a fundamental issue, namely, whether a policy applying to an armed hold-up situation had any application to an incident for which the employee was dismissed and, accordingly, whether any failure to comply with the policy could constitute a valid reason for dismissal of an employee.

Public sector employees not obliged to 2.5% pay increase, confirms NSW Industrial Relations Commission

On 22 June 2020, the Full Bench (Chief Commissioner Constant, Commissioner Murphy and Commissioner Sloan) of the NSW Industrial Relations Commission (Commission) handed down its decision on the threshold question of whether the Commission must award a 2.5% increase to salaries and salary-related allowances for NSW government sector employees covered by existing or proposed awards.

Fair Work Commission offers guidance on flexible work arrangements

Two recent decisions of the Fair Work Commission provide guidance for employers about the FWC's approach to disputes about requests for flexible working arrangements.

Rights and protections for workplace delegates set to increase under new proposal

The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill) proposes various amendments to the Fair Work Act 2009 (Cth) introducing new workplace rights and protections for union delegates.

BHP COVID-19 vaccine mandate overturned

A recent decision from the Fair Work Commission overturned a COVID-19 vaccination mandate by BHP, with important lessons for businesses.

A new enterprise agreement for public servants in Victoria

The Victorian Public Service Enterprise Agreement 2024 came into operation on 19 August 2024, bringing a number of key changes for public sector employers and Victorian public sector agencies.

There's an App for that! The rise of apps in employment relationships

With apps that organise our money, our social lives, the music we listen to and the food we eat, it comes as no surprise that there are more and more apps to organise when we work coming onto the market. These apps have been designed to make life easier and more efficient for employers in various industries, particularly the retail sector where rostering is notoriously fraught.

Employee sacked for defying return to office mandate succeeds in unfair dismissal claim

The Fair Work Commission has held that an employee was unfairly dismissed after his employment was terminated for working from home on a mandated office day.

To ask or not to ask, that is the question: Maric v Ericsson Australia Pty Ltd [2020] FCA 452

In an interesting decision, Justice Steward in the Federal Court of Australia has considered whether the workplace right to make an inquiry in relation to employment under the general protections provisions extends to prospective employees. While Justice Steward ultimately did not need to determine the question in this case, his Honour expressed a view that prospective employees are unlikely to be protected by section 341(1)(c)(ii) of the Fair Work Act 2009 (Cth).

NSW’s new digital work systems laws: what businesses need to know

In February this year, the NSW Parliament passed the Work Health and Safety Amendment (Digital Work Systems) Bill 2025, introducing significant new obligations for businesses ..

Kozarov v State of Victoria: Special leave granted for High Court appeal

The High Court has recently granted a former solicitor of the Victorian Office of Public Prosecutions special leave to appeal against the Victorian Court of Appeal's decision to set aside her damages award.

The JobKeeper Payment: Changes to the Fair Work Act

In our previous update regarding the announcement of JobKeeper, we noted that without legislative change it would still be necessary for employees to agree to measures to support JobKeeper, such as working reduced hours.

More than 2 million Australians set for 3.5% wage increase - Annual Wage Review 2017-18

The Fair Work Act 2009 requires the Fair Work Commission’s Expert Panel to conduct and complete a review of the national minimum wage (NMW) and minimum wages in modern awards in each financial year. Here we give a summary of the key findings from the review.

Lander & Rogers strengthens its safety practice with dedicated lead

Lander & Rogers is strengthening its Workplace Relations & Safety practice with the appointment of a dedicated health, safety and environment lead. Cameron Hannebery, an experienced safety lawyer, has joined the firm as a Special Counsel, based in Melbourne. He joins the firm from Telstra where he was Legal Counsel for nine years, having previously been at Deacons (now Norton Rose Fulbright).

COVID-19 changes to 103 modern awards and potential further changes ahead

A Full Bench of the Fair Work Commission yesterday varied 103 modern awards to include a new 'Schedule X - Additional measures during the COVID-19 pandemic', introducing an entitlement for employees to take unpaid pandemic leave and the ability to take twice as much annual leave at half pay.1

What HR needs to know about the new data breach laws

With the new data breach notification laws taking effect this month, HR needs to be aware of how they could impact their organisation. It’s highly likely your business is still holding personal information which is subject to the Australian Privacy Principles – such as employees’ and customers’ names and addresses. If this is the case, you should be aware of some recent changes to Australia’s privacy laws, which are going to take effect this week.

Australian employers may be liable for psychiatric injury caused by a breach of an employment contract, High Court rules

A decision of the High Court of Australia has overturned a longstanding position regarding psychiatric injuries in an employment context. Employees will now be able to seek compensation for a psychiatric injury caused by an employer's breach of the contract of employment.

How to manage the challenges of an ageing workforce

In between the tax cuts and promises to return to surplus, you may have noticed that one of the centrepieces of the 2018 budget released this week was increased funding to assist Australia’s ‘greying’ population. The measures include $17.4 million over four years to establish the Skills Checkpoint for Older Workers program, and $189.7 million over five years to support mature age workers adapting to the transitioning economy (see here for a more thorough breakdown).

If you can't handle the Tweet: freedom of speech and social media solutions for employers

In an age where every man, woman, and child has unprecedented access to a world of platforms via social media to voice their personal views, it has never been more important for employers to understand the implications of 'free speech' in Australia and its very real ability to impact the public perception of a business.

Employee's additional hours of work determined unreasonable

Earlier this year, the Federal Court of Australia handed down a decision examining what constitutes 'reasonable additional hours'.

Attorney General proposes to eliminate 'bare minimum' modern slavery reporting

Organisations could see increased obligations under proposed amendments to Australia's modern slavery regime, in response to a Labor Government review.

Employee termination payments: how long do you have to pay?

The Fair Work Commission (FWC), in its four-yearly review of modern awards, has varied nearly all modern awards to require that employers make termination payments within seven calendar days of the effective date of termination. On 15 August 2018, the Full Bench of the FWC confirmed that 89 modern awards, which had previously been silent on when an employee's final pay must be paid, would be varied to include a new model term: 'payment on termination of employment'.

Uber driver fails to convince Fair Work Commission of employment relationship

In a recent decision of the Fair Work Commission,1 an Uber driver was found to be an independent contractor and not an employee, meaning that he was unable to bring a claim of unfair dismissal. The decision was made in the context of an application by an Uber driver, Michail Kaseris, under section 394 of the Fair Work Act 2009 (Cth) for an unfair dismissal remedy. The application was made after Mr Kaseris had his access to the Uber app, which drivers use to accept rides, deactivated on the basis of a low driver rating.

What HR needs to know about Modern Slavery legislation

Slavery is a real issue in Australia, and new legislation designed to tackle it will affect a surprising number of businesses. Here’s a breakdown of how.

The future of the workplace: What will the traditional workplace look like? | Part III

In part three of our future of work series, Lander & Rogers' Workplace Relations & Safety experts explore the unexpected and additional benefits of working from home and their implications for the traditional workplace in the future.

Fair Work Commission suspends protected industrial action by rail workers: lessons for employers

In January 2018, rail workers employed by Sydney Trains and NSW Trains threatened a 24-hour stoppage and overtime bans. The industrial action would have brought all NSW trains to a standstill for 24 hours and caused further, major disruptions due to the overtime bans. The NSW government estimated the industrial action would cost NSW $90 million and would prevent more than 1 million customer journeys. In a noteworthy decision for all employers, all industrial action was suspended for six weeks, due to the significant damage that it could cause to the economy and the welfare of the community.

2022 federal election: Is industrial relations back on the agenda?

As Australians prepare to head to the polls on 21 May 2022, it appears that industrial relations reform has taken a back seat in both major parties' policy platforms.

Workplace culture: complicity vs speaking out

Does your organisation have a workplace culture of complicity? The Royal Commission shows the importance of implementing a “speak up” culture in the workplace

Navigating payroll remediation: a guide for employers on addressing underpayments and ensuring compliance

On 16 April 2025, the Fair Work Ombudsman (FWO) released its Payroll Remediation Program Guide (Guide), providing guidance for employers on how to address and remediate underpayments (payroll non-compliance).

How to approach alcohol (and drugs) at work

Just what is an acceptable amount to drink at work? With spring in the air, we look at a couple of cautionary tales, and what you can do to manage alcohol and drugs at work. It can be difficult for employers to negotiate the line between allowing staff to let their hair down in the office or at a work-related event, and enforcing a standard of acceptable conduct. Recent case law shows that it’s not just employees that may be hit with the negative consequences for drunk and disorderly conduct. Employer policies, practices and procedures are likely to be scrutinised if action is taken against an employee for being under the influence – and mistakes can be costly.

ICAC's Report on Corruption and Integrity in the NSW Public Sector

This week, the Independent Commission Against Corruption (ICAC) released its comprehensive report — Corruption and Integrity in the NSW Public Sector: An Assessment of Current Trends and Events. The report outlines emerging trends, case studies, and common public sector practices that have caught ICAC's attention. Whilst the report affirms NSW as 'not having a significant level of public sector corruption', it does warn against complacency and highlights that public concern relating to matters of corruption and integrity remains high.

Lander & Rogers partners with Queensland University of Technology to offer workplace law elective

Lander & Rogers has teamed up with QUT to deliver a refreshed workplace law elective offered by QUT to its undergraduate law students.

Over-due Diligence - Recent Officer Prosecutions

The end of 2018 saw a flurry of officer prosecutions finalise in NSW and Victoria, including the first recorded sentence of imprisonment for reckless endangerment in Victoria. The cases illustrate an increasing willingness on the part of SafeWork NSW and WorkSafe Victoria to pursue company officers personally for work, health and safety breaches, particularly sole directors and 'hands-on' officers working in the construction industry.

Understand your company’s values to ensure your culture thrives

Employees will not come forward and report troubling behaviour if they fear retaliation. Here’s how you can establish and maintain your organisation’s values.

Stopping the clocks on protected action: FWC suspends midwives’ strike

A fresh decision of the Fair Work Commission (FWC) has shone a spotlight on one of the lesser travelled pathways for dealing with protected industrial action under the *Fair Work Act 2009 *(Cth) (FW Act).

Managing occupational health & safety risk of psychological injury in target-driven work environments

The commentary in the recent case of Shearer v iSelect Services provides useful guidance for employers in deciding what reasonable steps should be taken to minimise the risk of injury when put on notice that an employee is stressed because of targets.

Update: Who qualifies for childcare permits?

Earlier today, the Victorian Government issued the Permitted Worker Permit Scheme and Access to Onsite Childcare/Kindergarten Permit Scheme Directions (Directions).

Non-compete clauses and other restraints of trade in the spotlight pending ACCC review

Restraints of trade have recently been in the spotlight with the Australian Competition and Consumer Commission (ACCC) undertaking a review of non-compete and non-solicitation clauses in employment contracts.

Will the UK Supreme Court's classification of Uber drivers as "workers" drive change in Australia?

In a recent decision, the Supreme Court of the United Kingdom unanimously dismissed an appeal brought by Uber against earlier rulings.

Physician's reasonable management action was not bullying

The Fair Work Commission has cleared Western Health and one of its senior physicians, Dr Clare White, of workplace bullying allegations levelled by another physician, Dr Ngoc Le, in an application to the Fair Work Commission. Dr Le, a rehabilitation specialist, alleged that Dr White, who was her direct manager, had repeatedly behaved unreasonably towards her, and that this behaviour created a risk to Dr Le's health and safety. Dr Le also claimed that the alleged bullying was endorsed and supported by Western Health.

Corporate espionage and sabotage: Mitigating the risk of personnel hazards

While people are often an organisation's greatest asset, they can also be the greatest liability when it comes to cyber security.

Lander & Rogers appoints former head of industrial relations at ASX-listed group to grow construction focus

Lander & Rogers this week announced the appointment of new partner Jeremy Hanrahan to its leading national workplace relations and safety practice. Based in Sydney, the former Group Head of Industrial Relations at Lendlease will grow the national construction-sector offering.

Competitor ordered to pay over $6 million in profits in respect of their employees' breaches of duties to a former employer

In a recent decision, a funeral fund, Lifeplan Australia Friendly Society Ltd (Lifeplan), successfully brought claims against two of its former employees for using confidential information they took during their employment and disclosing it to a competitor.

New Commonwealth guidelines help PCBUS reduce sexual and gender-based harassment risks

The Australian Government recently approved and introduced the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 (Code) to help persons conducting a business or undertaking (PCBUs) in the Commonwealth jurisdiction prevent and respond to sexual and gender-based harassment.

Uncertainty continues for gig economy platforms

In Franco v Deliveroo Australia Pty Ltd, driver Diego Franco was successful in claiming that he was an employee who had been unfairly dismissed when Deliveroo terminated his supply agreement.