ALWAYS ASK EMPLOYEES IF THEY WANT TO WORK PUBLIC HOLIDAYS, OR RISK BEING FINED

BHP's in-house labour hire company has been fined $15,000 by the Federal Court and ordered to pay 85 production employees between $800 and $2,400 each in compensation for unreasonably requiring them to work across Christmas holidays.
 
The workers were directed to work public holidays with no consultation or agreement.
 
The penalties and compensation are the first to follow a precedent ruling by the full court that held the Fair Work Act requires all employers to ask employees if they want to work public holidays and prevents them from automatically rostering them on.
 
The requirement applies regardless of agreements and contracts and extends to all sectors of the economy, from fast food and retail to logistics and health.   

The principle here is that Australian workers can raise reasonable grounds to refuse to work on public holidays.
 
This judgment is a message to all employers that they must comply with Australian workplace law and community expectations.
 
Please contact us if you require assistance.
 


$358 MILLION BACK PAID TO AUSTRALIAN WORKERS

The Fair Work Ombudsman recovered $358 million for more than 249,000 underpaid workers in 2024-25, taking back payments to workers to more than $2 billion across the last 5 years.
 
The back payments and court penalties figures are detailed in their Annual Report.
 

FAIR WORK COMMISSION RECEIVED 7 RIGHT TO DISCONNECT CLAIMS LAST FINANCIAL YEAR

The Fair Work Commission received 7 Right to Disconnect applications in the past financial year, according to its annual report.
 
The Right to Disconnect took effect on 26 August 2024, to protect employees who refuse to monitor, read or respond to contact from an employer or third party outside of their working hours, unless that refusal is unreasonable.
 
Please note that the Right to Disconnect laws did not apply to small businesses until 26 August 2025.
 
Under the Fair Work Act, the Fair Work Commission can deal with disputes about the Right to Disconnect that are not resolved in the workplace.
 
Of the applications it received, 4 were for ‘stop’ orders; 1 was for an order to ‘stop and deal with a dispute’; and 2 were applications to deal with a dispute.
 
It is recommended that businesses have a Right to Disconnect Policy to ensure employees clearly understand this new law and avoid confusion down the track.   

Please contact us if you require a policy.
 

BABY PRIYA’S BILL PASSES PARLIAMENT

Baby Priya’s bill has passed Parliament, after the Senate endorsed it without amendments. 
 
New protections apply to employer funded paid parental leave in the event of stillbirth or the death of a child. The protection applies on or after 7 November 2025.
 

FIXED TERM CONTRACT STATEMENT UPDATED

The Fair Work Ombudsman has released a new Fixed Term Contract Information Statement.
 
It has also published new information on its website, setting out changes that apply to the fixed-term contract exceptions, in effect from 1 November 2025.
 

PAY DAY SUPER IS COMING JULY 2026

Employers will be required from July 2026 to make super contributions within 7 calendar days of paying their workers' wages and salaries, after enabling legislation passed Parliament.
 
For further information refer to the ATO website link.
 

HOW TO HAVE A SAFE & HAPPY WORK PARTY

There’s nothing like celebrating a year of hard work with a well-earned party.  But if you are a business owner, do not forget to prepare with some health and safety considerations.
 
Important to remind employees of their responsibilities and guidelines for behaviour at work related social events.
 
Please contact us if you require a policy.