AWL Bulletins
News articles written by Australian Workplace Lawyers for reference and review:
Fair Work Commission conferences: Do your homework!
“I’ll just go to the Fair Work Commission and tell my story”. It is a familiar refrain, but it’s not that simple, and it’s about to get harder. The Fair Work Commission is struggling with an increased workload. This means that claimants and respondents alike need...
Employers should avoid using “Rule 303” to fire employees
Breaker Morant reputedly said "We caught them and we shot them under Rule 303". The worst thing an employer can do is make a snap decision to terminate employment. This is particularly the case where no procedural fairness is given and the employer is personally...
How to avoid disputes between chief executives and volunteer boards of management
We sometimes see tension between employed chief executives and volunteer boards of management, particularly in the not for profit sector. This includes the operational chief executive whether described as a CEO, general manager or coordinator and the governing body...
Multiple decision makers and employment termination – Who’s the One?
The terminated employee has a variety of legal options open to them. They usually involve the employer having to explain and justify their reasons for termination, sometimes in court. This can be an uncomfortable experience and decisions which seemed clear at the...
Coldplayed: Can you trust Human Resources to do the right thing with your complaint or disciplinary action?
There has been an increasing level of individual workplace disputes in recent years. In its last annual report, the Fair Work Commission (FWC) noted an almost one third increase in the number of applications over the previous year. A significant reason in our view...
Redundancies: Now you see them, now you don’t!
When an employee’s job gets made redundant, they normally get a redundancy payment right? Sometimes employers are reluctant to make redundancy payments, particularly where employers have generous policies or enterprise agreements providing for more than the National...
Minimum wage update 2025 – Reversing the living standards squeeze?
The Fair Work Commission (FWC) handed down its Annual Wage Review decision on 3 June 2025. The FWC decided to increase the National Minimum Wage and all modern award rates by 3.5% (the rise in award rates over the last 3 years has been 3.75%, 5.75% and 4.6%...
What to look for in a contractor agreement
Australia is fast becoming a country of contractors. Be your own boss, work when you want to, set your own rates; it sounds appealing but the reality is often very different. Anyone considering becoming a contractor should understand what they are getting into...
When are overseas employees covered by the Fair Work Act?
It’s fair to say Australia has one of the better systems of employee protections and conditions going. This is reflected in several recent efforts by overseas employees to bring unfair dismissal and breach of general protections rights claims. Australian employees...
Employment basics – Requests for flexible working arrangements.
The Fair Work Act National Employment Standards (NES) form the foundations of employment legal obligations in Australia. The NES apply to all employees regardless of income and cannot be contracted out of. Employees have powerful rights to make workplace flexibility...