Dealing with HR ‘grey areas’ – Instalment Two
Workplace mental health, ill employees, absenteeism, and return to work management masterclass: dealing with HR ‘grey areas’. Emma Sutton & Caroline Mostafa Addressing low-level conduct issues In this week’s blog, we will discuss how to deal with low level...
Dealing with HR ‘grey areas’ – Instalment One
Workplace mental health, ill employees, absenteeism and return to work management masterclass: dealing with HR ‘grey areas’. Emma Sutton & Caroline Mostafa Last month, Associate Director Emma Sutton and Senior Associate Caroline Mostafa from Nevett Ford’s...
Victoria’s new OHS regulations on psychosocial health are in full swing.
Background of the new law Victorians have become increasingly aware of the link between work conditions, psychosocial factors, and employee well-being. The Royal Commission in 2021 into Victoria’s mental health system identified a “failing [workplace] system”,[1]...
Franchisors Beware: You May Be Liable for Franchisee Wage Breaches
Recent landmark court ruling sends a clear message to franchisors: you can be held responsible for wage underpayments and record-keeping failures committed by your franchisees. In Bakers Delight Holdings Ltd v Fair Work Ombudsman [2025] FCAFC 144, the Full Court of...
Why Record Keeping Is Important As Ever: Insights from the Federal Court’s 2025 Ruling
Why Record Keeping Is Important As Ever: Insights from the Federal Court's 2025 Ruling Background of the Case The Federal Court has recently handed down its long-awaited decision over two regulatory actions brought by the Fair Work Ombudsman (FWO) against Woolworths...
Woolworths & Coles Underpayment Case: What You Need to Know
Application of set-offs in the construction of contracts The Federal Court has recently handed down its long-awaited decision over two regulatory actions brought by the Fair Work Ombudsman (FWO) against Woolworths Group Limited (Woolworths) and Coles Supermarket...
![Paul Collins v Intersystems Australia Pty Ltd (C2025/2239) [2025] FWC 1976](https://nevettfordlawyers.com.au/wp-content/uploads/2025/10/9-400x250.jpg)
Paul Collins v Intersystems Australia Pty Ltd (C2025/2239) [2025] FWC 1976
Application for a dispute about requests for flexible work arrangements Employees do not have open-ended entitlements to request changes to their working conditions. Instead, they must prove that any request arises out of genuine necessity, as opposed to mere...
New Employment Law and Workplace Relations legislation for small businesses commenced on 26 August 2025
What do small business employers need to know? You may be aware that in 2023 and 2024, the Australia’s employment laws were amended through the Fair Work Legislation Amendment (Closing Loopholes) Act. The amendments included: an employee’s right to disconnect, and...
Employers on Notice: Bad Behaviour is Going to Cost
Introduction The landscape of workplace law is undergoing significant change, as amendments to the Fair Work Act 2009 (‘the Act’) by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024...
A timely reminder from Qantas
In the case Qantas Airways v Transport Workers Union of Australia [2023] HCA 27, the central question on appeal for the High Court was to determine whether Qantas’ decision to outsource its baggage handlers was a contravention of the general protections provisions of...
5 Tips for an Effective Position Description
5 tips for an effective position description 1. Be crystal clear – it is imperative to document the duties, competencies and responsibilities of the position in writing to afford certainty to the parties as to the requirements of the role. This includes all and any...
Litigation: The One Time When You Need to Put All Your Eggs in One Basket
Between 2011 and 2019 Tobias Tucker was a senior solicitor at the State Revenue Office of Victoria (SRO). In 2017 he was the subject of two investigations concerning his behaviour at work. Before either of the investigations had been finalised, he issued a proceeding...
Employees and Independent Contractors
Employees and independent contractors are not the same under the Fair Work Act (2009). When engaging an independent contractor or an employee it is important that the recruiting party understands the distinguishing features. Significant legal and financial...
Damages and Compensation: where Commonwealth and State laws collide
Photo from Unsplash The claim of Vivienne Leggett against her former employer, Hawkesbury Race Club Limited has had four iterations in the Federal Court. Ms Leggett was a 26 year veteran sponsorship and marketing manager of the club forced out of her job by its newly...
Covid-19 And Repudiation
Does an employee’s failure to be vaccinated in accordance with a public health order or even an employer policy amount to a repudiation of the employee’s employment contract? The decision in Cordiano v Love & Co Real Estate Pty Ltd [2022] FWC 467 suggests no. The...
Indefinite Stand Down As An Alternative To Dismissal? Commission Says No
Whilst the majority of Australian adults have submitted to state mandates for COVID-19 vaccination, a minority holds out either on the bases that the mandates are unlawful and invalid or are likely to end. There is no indication yet that a Court will find that vaccine...
To Consult Does Not Mean To Mandate
The decision in CFMMEU v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059 shows the importance of consultation before a direction to employees will be deemed lawful and reasonable. The full bench of the Fair Work Commission undertook an exhaustive review of the facts and...
“How To” Guide – Minimising Termination Risks For Fixed Term Contracts
Fixed term contracts, or time-limited contracts as they are also known, may be an increasingly viable option for employers in the current COVID-19 environment. As we explain in this blog, employers must be wary of the hidden termination risks created by these...
A Novel Approach to Reinstatement
The primary remedy under the Fair Work Act 2009 for an unfair dismissal is reinstatement. In employment relationships where the Act does not apply the usual remedy for wrongful termination of employment is damages. Schneider v Warrnambool City Council [2021] VSC 337...
A Brief Overview of Discrimination Laws
Discrimination law has been something of a hot topic in Australia in recent months. The legality of workplace-mandated vaccines and ‘no jab, no job’ policies has sparked heated debate. More recently the Federal Government’s Sex Discrimination and Fair Work (Respect at...
Working same time, same place, day after day? You could well be a casual
After much anticipation, the High Court has decided in WorkPac Pty Ltd v Rossato [2021] HCA 23 (High Court’s Decision), that Mr Rossato was a casual employee and not entitled to the benefits of a permanent employment even though he had an expectation of regular and...