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Following years of contested interpretation, the Fair Work Commission has finalised new rules for how sleepover shifts are rostered and paid under the SCHADS Award. Here is what employers in the community, disability, aged care and home care sectors need to know.

From bullying and sexual harassment allegations against executives, to disclosure of highly sensitive business information, to large-scale underpayment allegations, employment cases can make for good media. Unsurprisingly, employers facing such allegations often ask if the allegations or the details surrounding the case can be kept confidential. This article explains when details of employment law matters in both the Fair Work Commission and the Federal Court can be kept conf

The aged care sector has become one of the Fair Work Ombudsman's most active enforcement priorities. With over $40.5 million recovered for more than 22,000 workers in a single financial year, a wave of Enforceable Undertakings signed by major providers, and an active proactive investigation underway, no aged care organisation can afford to treat payroll compliance as a back-office afterthought. Background: Why Aged Care Is a Priority Sector The Fair Work Ombudsman (FWO) has i

From superannuation and parental leave changes, to new flexible work rights, FWO enforcement activities and states’ legislating in the IR space, here are five of the key developments that should be on every employer’s radar. Payday Super - Commencing 1 July 2026 From 1 July 2026, employers must pay superannuation guarantee contributions following the payment of salary and wages, rather than quarterly. Contributions must reach the employee’s nominated fund within seven

Two major decisions in the workplace relations arena in 2025 were: the Coles and Woolworths store managers underpayments litigation. ( Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd  [2025] FCA 109); and the penalties following the Qantas ground staff outsourcing case ( Transport Workers’ Union of Australia v Qantas Airways Limited

Coles and Woolworths are set to have their underpayment bill increased with an announcement by class action firm Adero that it intends to amend the relevant statements of claim in the long-running store managers underpayment litigation to include a claim relating to a requirement to work on public holidays . The announcement follows the recent penalty decision in Mining and Energy Union v OS MCAP Pty Ltd (No 3) [2025] FCA 1372, wherein the Federal Court held that OS MCAP,

Handed down on 16 October 2025, the Full Federal Court's unanimous decision in Bakers Delight Holdings Ltd v Fair Work Ombudsman [2025] FCAFC 144 confirmed that the 'reverse onus' provisions, under section 557C of the Fair Work Act 2009 (Cth), can apply to franchisor liability proceedings, and are not confined to employer franchisees. In practical terms, this means that where a franchisee/employer fails to keep proper employment records, the franchisor can be required to pr

On 5 September 2025, the Federal Court delivered its long-awaited judgment on key preliminary questions of law in the long running Coles & Woolworths store managers underpayments litigation ( Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd [2025] FCA 109). The proceedings relate to approximately 40,000 Coles and Woolworths store manager

Introduction With many Australian universities commencing bargaining this year and early next year, ‘workloads’ - and in particular academic workloads and the associated remuneration model - will again feature heavily. Although the issue of academic workloads is one of the NTEU’s current top priorities, the issue has been a source of ongoing complexity and disputation between unions and universities for decades. The issue is now being re-enlivened in the context of increasi

As of June 2025, seven (7) Australian Universities have entered into Enforceable Undertakings with the Fair Work Ombudsman, following several years of Fair Work Ombudsman focus on the higher education sector. We have compiled a comparison table which outlines the key terms contained in the seven University Enforceable Undertakings, including additional commentary. This table highlights the similarities and also the differences to some key terms, particularly in relation to: u

The Fair Work Act 2009 (Cth) ( FWA ) underwent significant changes in 2023 and 2024. While the headlines at the time went to “wage theft” and the new criminal offences, less headline grabbing changes were made to the ‘serious contraventions’ provision of the FWA. In particular, the new test of ‘ reckless ’ underpayments, together with a significant increase to penalties (now the greater of $4.695 million or 3 x the underpayment per contravention). This new recklessness test