All publications relating to ‘Michael Byrnes’
Restraints and Real Estate – what is enforceable
What do post-employment restraints in real estate really mean for agents and employers? In the property industry, employment agreements often include three key restraints: non-solicitation, non-acceptance, and non-competition. These clauses aim to protect client relationships, confidential information, and business goodwill, but their enforceability depends on how they’re drafted and applied…
Putting the Westpac Working From Home Case in Perspective
Can employees really work from home if they want to? In a recent Fair Work case an employee won the right to work from home, but it turns out it’s not that simple. It can only be requested under certain conditions and each case depends on the situation of the employee and…
Federal Court Decision Limits Effective Use of Set-Off in Contractual Annual Salary Arrangements
The DecisionIn a recent Federal Court decision*, Justice Perram held that while contractual set-off clauses in an annual salary arrangement can be effective for the satisfaction of modern award entitlements during a pay period, they are ineffective between pay periods. This is a significant limitation on the practical use of contractual annual salary…
Artificial Intelligence Folly Called Out by Fair Work Commission
In the recent Fair Work Commission decision Mr Branden Deysel v Electra Lift Co.[2025] FWC 2289, Deputy President Slevin applied a critical lens to the use of ChatGPT by the Applicant who was seeking an extension of time to make an application to deal with contraventions involving dismissal.One factor the FWC examines in…
Workplace Relationships: The Legal Position (Coldplay Concert Edition)
The recent story of colleagues (a Chief Executive Officer and Chief People Officer (CPO)) whose apparent relationship was captured on a “kiss cam” (jumbotron) at a Coldplay concert has captured the public imagination, resulting in thousands of articles, memes and jokes. In the aftermath of the incident, the CEO has resigned…
Dismissal for Dissent?
The recent unfair dismissal decision of the Fair Work Commission, Shaun Turner v Darebin City Council [2025] FWC 1763, in which Deputy President Clancy held that the dismissal of an employee for, among other things, alleged comments in response to an Acknowledgment of Country before a ‘toolbox’ meeting, was unfair, has garnered…
Important Workplace Relations Changes Effective 1 July 2025
Employers and employees alike should be aware of important changes in the workplace relations arena, effective 1 July 2025. From that date:the high income threshold for unfair dismissal claims will increase to $183,100 per annum (from the present $175,000 per annum) and the compensation limit will be $91,550 (equivalent to 6 months of the revised high income threshold amount) for dismissals…
Choose Your Own Respondent in General Protections Dismissal Disputes
Usually when one party is taking legal proceedings against another the respondent entity needs to be carefully identified. It can be fatal to the proceedings if the wrong entity is sued. This stands to reason given the adverse consequences that can flow from litigation. There is usually a process by which…
Federal Budget 2025: Limitation on Non-Compete Clauses
As part of the 2025 Federal Budget, the government has announced a prohibition on non-compete clauses for employees earning less than the high income threshold (presently $175,000 per annum). It is planned that the change will take effect in 2027. There is nothing for employers to do at the moment, although both business…
FWC Sets Bar High for Policy Changes
In the recent unfair dismissal decision of Craig Hancock v Sydney International Container Terminals Pty Limited [2025] FWC 516, Deputy President Wright of the Fair Work Commission (FWC) set the bar high for employers wanting to rely upon policies, or changes to policies, to terminate employment, even when those policies relate to…