Australia: Employment Litigation/ Tribunals

Recent Australian Public Service census data reveals a growing trend in flexible work arrangements, supported by new enterprise agreement provisions. Two landmark Fair Work Commission decisions in Naden and Westpac now provide critical guidance on how employers must handle flexible work requests, highlighting the mandatory requirements and potential consequences of non-compliance that could result in orders granting employee requests even when business grounds exist for refusal.

The Albanese Government has moved to address the Fair Work Commission's mounting caseload, particularly in unfair dismissal and general protections dismissal matters.

Cooper Grace Ward launches a new workers compensation podcast featuring real trial cases and expert legal analysis. The first episode examines a 2024 case involving a disputed workplace injury claim, exploring the complexities of credibility assessment, causation, and effective case preparation in workers compensation litigation.

Employers should remain consistent and vigilant in ensuring that psychological safety is kept in the workplace.

Work Commission upheld an employer's dismissal of an employee who insisted on working entirely from home.

Seeking legal advice was not the dominant purpose for commissioning the investigation and even so, the employer's conduct waived possible privilege.

In a case arising from Qantas's 2020 outsourcing of ground-handling services, the Court imposed a record $90 million penalty for adverse-action breaches. Notably, $50 million of this penalty...

This case provides a number of key considerations and implications for employers across Australia.

This decision is a timely reminder that compliance with the FW Act and Modern Awards is not optional or negotiable.