AWL Bulletins
News articles written by Australian Workplace Lawyers for reference and review:
Can an employee be suspended without pay?
We have previously cautioned employers against being too quick to suspend employees – see “Suspend first, ask questions later?”. But where suspension occurs, is an employer required to keep paying the employee? Suspensions usually arise in three broad situations:...
Minimum wage update 2026. A time for caution?
The Fair Work Commission (FWC) handed down its Annual Wage Review decision on 2 June 2026. The FWC decided to increase the National Minimum Wage by 6% and all modern award rates by 4.75% (the rise in award rates over the last 3 years has been 3.5%, 3.75% and 5.75%...
What’s the difference between grievances and allegations?
We often get asked the question by employees: why is the employer presenting issues as allegations when they are really the grievances of one or more employees? An extreme is the allegation that X has said you didn’t say good morning to them. It’s a tough one. We...
Employment law applies to nannies and au pairs too you know!
In an increasingly pressured modern world, many families are looking for assistance to meet their children’s daily needs. Often this is done by engaging a nannie or au pair who may be an overseas national. In years past, it was common to simply pay in cash for this...
Work from home: still a privilege and not a right?
The times they are changing. Certain classes of employee have had a right for some years now to seek workplace flexibility. However, the ability to work from home (even for a day a week) has traditionally been very much the exception rather than the rule. Of...
Work contracts between fitness/personal trainers and gyms: Dodgy as?
We have on several occasions had to give advice to fitness/personal trainers wishing to end their engagement contracts with gyms or personal training establishments. There is often a significant power imbalance between the individual trainer and the business which...
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...