Redundancy Case Update - What Employers Need to Know
If your business is thinking about a restructure, a recent High Court decision matters to you—even if you’re not a big company. In Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 (6 August 2025), the High Court clarified how “genuine redundancy” is
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Purchase of Property and the Fair Work Act
By Ben Schefe We are currently assisting a client with the purchase of a building that has led to some unintended consequences relating to the transfer of business provisions in the Fair Work Act 2009 (Cth) (“FWA”). Relevant Background A brief sum
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Employee v Contractor: Are your contracts iron clad?
By Ben Schefe A common issue that continues to arise is how businesses classify their workers – ie are the workers independent contractors or employees? There have been two recent decisions handed down by the High Court that confirm how critical a
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The alignment of statute and common law: defining a casual employee
On 27 March 2021 the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery Act 2021 (Cth) (“Amending Legislation”) amended the Fair Work Act 2009 (Cth) (“FWA”) and inserted a definition of “casual employee”. This new definition provi
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THE IMPORTANCE OF PAYING CORRECT WAGES AND SUPERANNUATION
THE IMPORTANCE OF PAYING CORRECT WAGES AND SUPERANNUATIONIn some recent examples, discussed below, the Fair Work Ombudsman (FWO) has shown that ensuring that employers comply with their obligation to pay staff at their correct statutory rates, is a f
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Are your casual employees really casual? The importance of correctly defining employment
Casual employees are usually employees who do not have regular hours of work and do not have a guarantee of continued work. They also do not receive the same annual leave and personal leave entitlements (and other entitlements) that full time and par
Read morePaying the Right Wages in 2020 | An important read for all business owners Part 1
PART 1 An article written by Ben Schefe The years are starting to go by quicker and quicker and we are seeing different legal issues every day. However, as each year goes by, you always need to be…
Read moreHave you been unfairly dismissed?
If you feel you have been unfairly dismissed by your employer there are various avenues to resolve your complaint. Individuals employed by private enterprises in Queensland are covered by the…
Read moreHealth and safety is a vital issue on farms
Last week was National Farm Safety Week in Australia. One of the key focuses this year was the safety of older workers. In 2013 nearly half of the fatalities (49 per cent) in Australian workplaces…
Read moreQueensland has Australia's lowest average workers' compensation premium
WorkCover Queensland has reduced the rate of workers' compensation premiums by 17 per cent, which is the lowest average rate in Australia. Premiums for employers have been reduced from $1.45 to $1.20…
Read moreHow will the national minimum wage increase affect your business?
On July 1 2014, the national minimum wage (NMW) will increase by 3 per cent and the transitional arrangements of modern awards will end. In June this year, the Fair Work Commission (FWC) decided to…
Read moreEmployers can now opt-in to SuperStream
The federal government's new standard for making superannuation payments, SuperStream, is now available for employers. SuperStream enables employers to make super contributions to employees' super…
Read moreDoes your employment agreement meet Australian workplace laws?
A fast-food franchise signed a Proactive Compliance Deed in 2012 with the Fair Work Ombudsman to ensure that it was following Australian workplace laws. The self-audit of the employment records has…
Read moreGender reporting may address the widening pay gap
The gender pay gap has reached its highest point in thirty years, according to statistics released last week by the Australian Bureau of Statistics (ABS). Men were found to earn on average $283.20…
Read more3 things to consider when creating an employee contract
Employee contracts are essential for any business looking to expand and take on new staff. These legally binding documents will spell out exactly what you need to provide as an employer and the…
Read moreAustralians need better work-life balance
Businesses in Brisbane and Redlands should pay attention to the findings of the 2014 Organisation for Cooperation and Development's (OECD) Better Life Index. The index ranks the 34 OECD countries.…
Read moreVictorian businesses audited by Fair Work Ombudsman
More than 200 Victorian businesses are being checked out by the Fair Work Ombudsman to make sure they are complying to federal workplace laws. The employers have all previously been found to be in…
Read moreEmployment contracts in the spotlight following recent court case
A recent case before the High Court of Australia has highlighted the complexity of Australian employment law, even as the result will be welcomed by business owners. The case related to the dismissal…
Read moreWhat happens to employee entitlements if a company becomes bankrupt?
Australia is home to a huge number, and vast variety, of businesses and companies. From electrical engineering firms to whiteware retailers, there are a variety of employment opportunities for…
Read moreEmployees find it increasingly difficult to switch off
The line between personal and work life is becoming increasingly blurred, as employees find it more difficult to switch off once they leave the office. Findings from Roy Morgan Research show that not…
Read more7 tips for managing performance and terminations
Pointers for more productive employees and better business As a business owner or manager, you’ll no doubt aim to be amongst the best in your industry and stay one step ahead of the competition. That…
Read moreEmployee terminations at your business
A guide to making the process fair all round Taking the decision to terminate an employee’s time with your business is never easy. However, if the performance management process hasn’t worked and an…
Read morePerformance management for your employees
How to handle and document the process properly As a business owner or manager, creating and maintaining strong working relationships with your employees will no doubt be one of your key tasks.…
Read moreIs your business’s independent contractor actually an employee?
How to find out whether your arrangements are compliant As a business owner or manager, it can be tempting to consider and treat those working for you as “independent contractors” rather than…
Read moreWhat Is Casual Conversion and What Does It Mean for Your Business?
Casual employment has become increasingly popular amongst both employers and employees due to its flexible nature and the ability to avoid what can be significant employment entitlements, due to the…
Read morePerformance management for your business’s employees
Real world examples demonstrate what not to do An unfortunate but necessary part of running or managing a business is performance management. And generally of course, when we talk about “performance…
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