All publications relating to ‘Employment’
More AI Slop in the Fair Work Jurisdiction: The Fight Back
In two recent cases both the Fair Work Commission (FWC) and Federal Circuit and Family Court of Australia (FCFCoA) have fought back against the indiscriminate and misguided use of artificial intelligence (AI) by applicants.Ba v Sterling Parts Australia Pty Ltd [2026] FedCFamC2G 1245In Ba v Sterling Parts Australia Pty Ltd [2026] FedCFamC2G 1245, Judge Symons of…
AI Slop v Fair Work Commission: The Scourge Continues
For all the talk of how extraordinary and transformative artificial intelligence (AI) can supposedly be, it continues to be a scourge for the Fair Work Commission (FWC). In the recent FWC case of Emmanuel Tischler v Avada Traffic Pty Ltd [2026] FWCFB 174, the Full Bench considered an appeal in an unfair dismissal…
Important Workplace Relations Changes Effective 1 July 2026
Employers and employees alike should be aware of important changes in the workplace relations arena, effective 1 July 2026. From that date:the high income threshold for unfair dismissal claims will increase to $190,100 per annum (from the present $183,100 per annum) and the compensation limit will be $95,050 (equivalent to 6 months of the…
A Frustrated FWC: Looking beyond the “Plumber’s Crack”
The recent Fair Work Commission (FWC) decision in Anthony Davitkov v Woolworths Group Limited [2026] FWC 1655 has attracted much mirth because it refers to an employee who brought a general protections dismissal application because he was informed by a colleague that (and this was paraphrasing from the presiding member, Deputy President Colman)…
Australian Anti-Money Laundering AML/CTF Tranche 2 laws are coming
Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act is designed to stop illegal funds from entering the financial system. It is estimated to be a $68 billion problem in Australia alone. This legislation aims to stop the flow of crime money and bring us in line with the rest of…
Exposing the Constructive Dismissal Shibboleth
This article examines the Fair Work Commission’s decision in Bailey Richens v BDO Administration Pty Ltd [2025] FWC 3699, highlighting the risks of premature resignation and clarifying why invoking “constructive dismissal” can undermine, rather than support, a claim.The concept of “constructive dismissal”Some aggrieved employees consider the invocation of the words “constructive dismissal” akin…
Kyle and Jackie O: The Workplace Relations Law Perspective
The relationship between showbusiness duos often comes to an acrimonious end. Martin and Lewis split at the height of their fame, with a brief rapprochement brokered by Frank Sinatra after 20 years in which they did not speak to each other. Simon and Garfunkel have had a fractious alliance, even splitting a first time…
The Papercut Decision and the Current Position on WFH
The FWC’s Johnson v PaperCut Software decision has renewed debate about the limits of working from home rights. While some have compared it to Chandler v Westpac, the cases highlight that WFH outcomes depend on individual circumstances, contract terms and employer policies. The ruling underscores that no single case establishes a universal right…
Valentine’s Day in the Workplace (2026 Edition)
Valentine’s Day may appear harmless, but in workplaces it can create legal and cultural risks. Even well‑meant romantic gestures can be unwelcome and potentially constitute sexual harassment or contribute to a hostile environment under the Sex Discrimination Act. With employers now carrying positive duties to prevent such conduct, the traditions of…
Australia Day Substitution: The Legal Issues (2026 Edition)
As more major employers allow staff to work on Australia Day and take the public holiday later, important legal questions arise. With growing flexibility and shifting views on 26 January, employers must understand the rules around substituting public holidays, ensuring genuine employee consent, and avoiding any perception of undue influence.It has…