Employment Law Handbook

13/03/2025

NEW: Check out the Employment Law Handbook for the brand-new chapter, Breaks, which breaks down employee break entitlements: https://www.employmentlawhandbook.com.au/chapters/breaks/

12/03/2025

BULLETIN: The Fair Work Commission has determined a new model flexibility term for enterprise agreements, which began operation from 26 February 2025.

The Fair Work Commission (FWC) has determined a new model flexibility term for enterprise agreements, which began operation from 26 February 2025. An enterprise agreement must include a flexibility term that enables an employee and their employer to agree to an individual flexibility agreement (IFA)...

11/03/2025

Q&A: Can you reduce the number of hours for which you pay an employee if they fail to submit a leave form?

https://www.employmentlawhandbook.com.au/question-and-answer/can-we-deduct-pay-for-failure-to-submit-a-leave-form/

05/03/2025

BULLETIN: A recent decision in the Federal Court of Australia reinforces the need for employers to have well-defined policies, secure written agreements and clear communication with employees regarding pay structures and wage deductions.

A recent decision in the Federal Court of Australia reinforces the need for employers to have well-defined policies, secure written agreements and clear communication with employees regarding pay structures and wage deductions. The Fair Work Act 2009 (Cth) (FW Act) allows an employer to deduct an am...

04/03/2025

DID YOU KNOW? Where an employer cannot pay an employee because their whereabouts is unknown, section 559 of the Fair Work Act 2009 (Cth) provides that the employer can pay the amount to the Fair Work Ombudsman (FWO) instead. The employee can make a claim for payment from the FWO at a later date. Find out more in the Employment Law Handbook chapters Abandonment of employment and Employment interruptions: https://www.employmentlawhandbook.com.au/

26/02/2025

BULLETIN: An employee lodged an unfair dismissal claim after his employment was terminated because he did not have a legal right to work in Australia.

For an individual to be eligible to work in Australia, they must be an Australian citizen, Australian permanent resident or a non-citizen with a valid working visa. Under the Migration Act 1958 (Cth), employers face serious penalties if they employ a non-citizen who doesn't have the right to work in

20/02/2025

BULLETIN: The Fair Work Commission ordered the reinstatement of an employee who was dismissed for breaching a drugs and alcohol policy after finding his dismissal was harsh and unreasonable.

It is common for employers to have a drugs and alcohol policy to ensure that risks associated with the use of drugs and alcohol in the workplace are eliminated to protect the health and safety of its workers. While a breach of a drugs and alcohol policy may provide a

17/02/2025

Q&A: When will an employer be exempt from the right to disconnect laws? Find the answer in the Employment Law Handbook.

https://www.employmentlawhandbook.com.au/question-and-answer/what-exemptions-apply-to-the-right-to-disconnect-2/

12/02/2025

BULLETIN: In the course of reviewing the recent amendments made to the Fair Work Act 2009 (Cth), an expert review panel noted an unintended consequence of the amendments concerning fixed-term employment was an unacceptable level of anxiety experienced by those who have to deal with the changes.

In the course of reviewing the recent amendments made to the Fair Work Act 2009 (Cth) (FW Act), an expert review panel noted an unintended consequence of the amendments concerning fixed-term employment was an unacceptable level of anxiety experienced by those who have to deal with the changes. The c...

10/02/2025

Today is Safer Internet Day – an international day to raise awareness of online safety issues and work towards a safer internet. Internet safety issues include cyberbullying and harassment, which every business has a responsibility to manage. Consult the Employment Law Handbook for advice on managing these and other internet safety risks to your workers. The chapter Social Media is a good starting point: https://www.employmentlawhandbook.com.au/chapters/social-media/

For more information about Safer Internet Day, and free government information and resources, visit the eSafety Commissioner website here: https://www.esafety.gov.au/newsroom/whats-on/sid

05/02/2025

BULLETIN: A recent Federal Court case considered whether a binding agreement had been reached between two parties.

In employment law, when parties are engaged in a dispute and have reached a verbal settlement, an issue may arise about whether the agreement is legally binding. In this respect, the High Court (Masters v Cameron) has stated that agreements fall into one of three categories: 1. Binding agreement: Th...

04/02/2025

CASE LAW: A chartered boat Captain was dismissed after being found to have breached safety procedures.

https://www.employmentlawhandbook.com.au/case-law/serious-breach-of-safety-procedures-found-to-be-valid-reason-for-dismissal/

30/01/2025

NEW: A brand-new fact sheet is now available for Employment Law Handbook subscribers. The fact sheet, ‘How to respond to an unfair dismissal claim’, guides you through the unfair dismissal process so you know what to expect. Download it now: https://www.employmentlawhandbook.com.au/documents/

30/01/2025

BULLETIN: An Australian company that employs a person who lives and works outside Australia will still be subject to the Fair Work Act 2009 (Cth) unless the employee is engaged outside Australia to perform their duties outside Australia. Find out more in the latest bulletin.

Australian businesses may consider transferring activities or business processes to a different country. This may be motivated by lower labour costs or the availability of additional skilled labour in that jurisdiction. However, it should not be assumed that Australian labour law and the Fair Work A...

27/01/2025

Q&A: Do you have to pay an intern who is doing work experience? Find the answer in the Employment Law Handbook.

https://www.employmentlawhandbook.com.au/question-and-answer/must-we-pay-an-intern/

23/01/2025

BULLETIN: Find out about Victoria’s portable long service leave scheme in this week’s Workplace Bulletin.

In Victoria, workers in the community services, contract cleaning and security industries have the benefit of the Portable Long Service Benefits Scheme. Under the Scheme, covered employers are required to register with the Victorian Portable Long Service Leave Authority. Employees who work at regist...

19/01/2025

CASE LAW: After being dismissed for misconduct, an employee who worked overseas for a national system employer lodged an unfair dismissal claim.

https://www.employmentlawhandbook.com.au/case-law/can-a-national-system-employee-working-overseas-make-an-unfair-dismissal-claim/

17/01/2025

BULLETIN: An ex-employee making a discrimination claim argued the deed of settlement she entered into should be set aside because, during the settlement conference, she lacked capacity by reason of her mental condition.

In November 2024, an ex-employee making a discrimination claim argued the deed of settlement she entered into should be set aside because, during the settlement conference at which she agreed to enter into the deed, she lacked capacity by reason of her mental condition. How to determine whether a pe...