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Upcoming Fair Work Changes: What Employers Need to Know Before 26 August 2024
23 August 2024
As of 26 August 2024, significant amendments to the Fair Work Legislation will take effect, impacting employers across Australia. This article outlines the key changes, including the new definition of an employer under Section 15AA and the introduction of the Right to Disconnect (RTD) laws. Employers must act swiftly to understand these changes and ensure their business practices are in compliance to avoid potential legal disputes. Learn more about the implications of these amendments and the necessary steps to stay compliant. Read More
Can an Employee Backdate their Resignation? Insights from a recent FWC Decision
13 August 2024
A recent Fair Work Commission decision clarified that an employee's resignation date is only effective when communicated to the employer, not retroactively. In Stay v R & K M Jordin Pty Ltd (2024), an attempt to backdate a resignation nearly jeopardised an unfair dismissal claim. The ruling highlights the importance of clear communication and proper documentation in employment matters. Read More
Clear Evidence Required for Genuine Dismissal Due to Intoxication at Work
18 June 2024
This article discusses the complexities of terminating an employee suspected of being under the influence of drugs or alcohol. It highlights the importance of clear procedural and evidentiary requirements for such dismissals. The case of Baydon Johnson v. Faulkner Farming Pty Ltd illustrates these issues. Mr. Johnson, an Assistant Manager, was dismissed for allegedly being intoxicated at work, but the employer failed to conduct a blood alcohol test and allowed him to drive home, undermining their case. The Fair Work Commission ruled the termination unfair due to insufficient evidence, awarding Mr. Johnson compensation. The article emphasises the need for employers to supplement their Drug and Alcohol Policies with proper testing and documentation methods to ensure procedural fairness in dismissal cases. Read More
Navigating Workplace Investigations: Essential Steps and Potential Pitfalls
22 April 2024
This article offers a thorough exploration of workplace investigations, emphasising their critical importance and procedural intricacies for employers. It addresses the fundamental objectives of investigations, from uncovering misconduct to addressing systemic issues like bullying and harassment. Central to the discussion is the necessity for employers to navigate investigations with precision, considering factors such as conflict of interest and legal implications. Read More
Employee right to disconnect – business bogeyman or work-life win?
27 February 2024
This article explores the implications of the Federal Government's new "right to disconnect" legislation, granting employees the ability to decline work-related communication outside of work hours. This change has ignited debate, with employer groups denouncing it as "ridiculous" while unions advocate for improved work-life balance. However, both sides lack practical guidance for businesses. Seeking legal advice, such as from the HOCW Employment team, can assist businesses in navigating this evolving landscape and fostering healthier workplaces. Read More
Ensuring business success - the importance of solid employment contracts for your SME
13 November 2023
In Melbourne’s dynamic business landscape, small and medium-sized enterprises (SMEs) are the backbone of the economy. To thrive in this competitive environment, it's crucial for SMEs to invest in the foundation of their success - quality employment contracts. While it may seem like a mundane administrative task, a well-crafted employment contract can help to ensure your business’ long-term success, by mitigating risks, setting clear expectations and fostering a positive workplace culture. Read More

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