In another important decision regarding wage compliance, the Full Court of the Federal Court has handed down a ruling with major implications for franchisors. The decision confirms that franchisors can be held legally responsible for the wage theft of their franchisees, even where the case against the franchisee relies on a “reverse onus of proof”.
Australia
Rethinking Workplace Investigations: A Trauma-Informed Approach for Employers
What employers need to know:
Adapting a trauma-informed approach to workplace investigations can greatly reduce harm, improve legal compliance, and lead to more accurate outcomes. By prioritising employees’ safety, trust, and fairness, organisations foster a culture of respect and accountability – ultimately strengthening employee engagement and reducing psychosocial risk.
For decades, the model for workplace…
But it’s late! When should your business challenge a late filing?
2025 has seen a slew of Fair Work Commission (Commission) decisions considering applications for extension of time, in circumstances where applicants have missed the statutory deadline for filing their unfair dismissal, general protections or unlawful termination claims. Successfully challenging an application that has been filed late is one way for an employer to dispense with…
The Federal Court provides guidance on annual salaries, ‘all-in’ rates of pay and wages compliance
Acknowledgements to Melinda Bell and Lyndel David for their contributions.
Introduction
On Friday, 5 September 2025, the Federal Court of Australia (Court) issued an important decision in Fair Work Ombudsman v Woolworths Group Limited & Ors [2025] FCA 1092 (FWO v Woolworths). The decision offers guidance to employers on how to ensure compliance with…
Important amendments to IR Act and IR Regulations
There have been some important amendments to the Industrial Relations Act 1996 (NSW) (IR Act) and the Industrial Relations (General) Regulation 2020 (NSW) (IR Regulations) as a result of the Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 (NSW) (the Bill) which was passed by the NSW Government on 26 June 2025.
The…
Case update: High Court decision – what is reasonable in all the circumstances when it comes to redeployment in a redundancy situation?
Summary
On 6 August 2025, the High Court handed down the decision of Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 (Helensburgh Coal Decision), paving the way for the Fair Work Commission to make inquiries into whether an employer could make changes to its workforce, particularly with respect to its use of contractors (including…
Principal Contractor appointment in the renewable energy sector – issues arising from split contract model
The shift in delivering renewable energy projects away from engaging a single contractor who takes full responsibility for the engineering, procurement, and construction aspects of a project (EPC contract model) to instead developers contracting directly with multiple specialised contractors for separate packages of work (split contract model) raises interesting issues concerning satisfying the principal contractor…
WHS Law Briefing: July 2025
Welcome to our WHS Law Briefing. This briefing identifies key issues and emerging trends in WHS Law, and details significant legislative and case law developments from February to date in July 2025. Please contact our national WHS team if you would like to discuss any of the matters in this briefing or would like…
Significant changes to sentencing of OHS offences recommended
- many fines go unpaid, particularly for companies that have been deregistered;
- sentencing outcomes other than fines are rarely
Upcoming Mandatory Psychosocial Hazard Prevention Plans for Victorian Workplaces
This is co-authored by Harry Kinkead.
The Victorian Government is on the brink of finalising new regulations addressing psychological health, which will soon mandate written “prevention plans” for managing psychosocial hazards in workplaces. This development follows a comprehensive four-year process and is likely to take effect on 1 December 2025.
The forthcoming psychological health…