Employment Law Handbook

14/11/2025

BULLETIN: From 7 November 2025, an employer cannot refuse or cancel any upcoming planned periods of paid parental leave if their employee’s child is stillborn or dies during the first 24 months of life unless an exception applies or the employee requests that the leave be cancelled.

Under both the Fair Work Act 2009 (Cth) (FW Act) and the Paid Parental Leave Act 2010 (Cth), an employee remains entitled to unpaid parental leave and government-funded parental leave pay if a child is stillborn or dies. From 7 November 2025, an employer cannot refuse or cancel any upcoming

10/11/2025

Q&A: Do annual leave entitlements continue to accrue during an absence on parental leave?

https://www.employmentlawhandbook.com.au/question-and-answer/does-annual-leave-accrue-during-parental-leave/

06/11/2025

BULLETIN: The Victorian Government has introduced a bill to restrict any contractual term or clause, including those embedded in settlement agreements or employment contracts, that has the purpose or effect of preventing a party from disclosing certain information about workplace sexual harassment, i.e. a non-disclosure agreement (NDA).

The Victorian Government has introduced a bill to restrict any contractual term or clause, including those embedded in settlement agreements or employment contracts, that has the purpose or effect of preventing a party from disclosing certain information about workplace sexual harassment, i.e. a non...

30/10/2025

BULLETIN: The Fair Work Commission recently dealt with a dispute between a bank employee and her employer over a request to work from home that was rejected for reasons including potential loss of productivity.

The Fair Work Commission (FWC) recently dealt with a dispute between a bank employee and her employer over a request to work from home that was rejected for reasons including potential loss of productivity. Under the Fair Work Act 2009 (Cth), an employer may refuse a request for a flexible

27/10/2025

Q&A: How long can or should you keep an employee’s job open when they are absent with a long-term illness? Find out in the Employment Law Handbook.

https://www.employmentlawhandbook.com.au/question-and-answer/how-long-must-you-keep-an-ill-employees-job-open/

24/10/2025

CASE LAW: A Victorian video production company was fined $40,000 for failing to provide a safe working environment, after an employee reported being sexually harassed.

https://www.employmentlawhandbook.com.au/case-law/sexual-harassment-complaint-against-sole-director-costs-video-company-40-000/

22/10/2025

BULLETIN: The Fair Work Ombudsman (FWO) prosecuted a franchisor for pay and entitlement contraventions by its franchisee.

Where an employer is also in a franchisee arrangement, the franchisor can bear legal responsibility for the failure of the employer franchisee to meet its obligations under the Fair Work Act 2009 (FW Act) in relation to record keeping, and payment of wages and provision of entitlements. This legal r...

16/10/2025

NEW: Find out what legal obligations you owe to employees who are working from home, and how to meet them, in the brand-new Employment Law Handbook chapter, Working from home.

https://www.employmentlawhandbook.com.au/chapters/working-from-home/

15/10/2025

BULLETIN: An employer that runs Victorian cemeteries recently sought a 7-day notice period for industrial action.

When employees and unions seek to take protected industrial action in relation to bargaining for an enterprise agreement, they are required to give 3 working days’ notice of the action. An employer can apply to the Fair Work Commission (FWC) for a longer period of notice of up to 7

13/10/2025

Q&A: If an employee seeks to withdraw their verbal resignation, must you accept it? Find the answer in the Employment Law Handbook.

https://www.employmentlawhandbook.com.au/question-and-answer/must-we-accept-a-withdrawal-of-resignation/

09/10/2025

BULLETIN: How important is documentation when actioning things like redundancies? Could it be used as evidence for or against adverse action claims? Get the lowdown in the latest Workplace Bulletin.

When a claim is made under the general protections provisions of the Fair Work Act 2009 (Cth), the Fair Work Commission or a court will presume that you took the adverse action for the prohibited reason, as alleged, unless you can prove otherwise. The evidence you have to prove why

06/10/2025

CASE LAW: After long negotiations, the Fair Work Commission approved a request to vote on a multi-enterprise agreement despite objections from one of the unions.

https://www.employmentlawhandbook.com.au/case-law/voting-on-rail-agreement-approved-after-electrical-trades-unions-bargaining-complaints-dismissed/