BlandsLaw

30/10/2025

Employers are often faced with sick or injured employees, and this can create issues when the employee does not effectively communicate with the employer. The Fair Work Commission has examined the question of what constitutes abandonment of employment, setting out crucial criteria that all employers need to know.

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https://blandslaw.com.au/what-constitutes-abandonment-of-employment/

22/10/2025

‘Tis the season for workplace celebrations and potential HR headaches! 🍾
Before your team heads to the Christmas party, make sure your social functions policy is up to date and your staff understand what’s expected.
Our latest article unpacks employer obligations under Respect@Work and how to reduce risks when work events get festive.

With a busy month ahead for many businesses holding work social functions and Christmas parties it is a good time to consider your workplace policies and practices and how they apply to social functions and behaviour that is outside the usual office or workspace.

10/07/2025

The Federal Court of Australia has recently determined that a worker, originally an independent contractor, was actually an employee after the terms of engagement had been varied during the course of the relationship between the parties.


🔗 https://blandslaw.com.au/contractor-deemed-to-be-an-employee/
📞 02 9410 3077
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Cropper v Energy Action (Australia) Pty Ltd (No 2) [2025] FCA 663 found that a contractor working for Energy Action, has actually been an employee for over 14 years.

01/07/2025

📢 REMINDER: There are 5 major changes in employment law occurring from 1 July 2025 that will affect most employees and employers:

🔹 The National Minimum Wage increases by 3.5% (to $24.95 per hour);

🔹 Minimum modern award rates increase by 3.5%;

🔹 Mandatory minimum superannuation contributions increase to 12% for all employees;

🔹 The high income threshold increases to $183,100;

🔹 The maximum compensation for unfair dismissal claims increases to $91,550.

Employers should audit their employment records to ensure that they are legally compliant for the first pay after 1 July. The Fair Work Commission can make civil penalty orders against employers who underpay employees by failing to pass on these changes. Employers could also be liable to pay a Superannuation Guarantee Charge (SGC) for any shortfall in super contributions following today’s increase to 12%.

Employees on salaries and loaded rates may be entitled to a pay increase if they are not better off than the new, higher award rates. Reminder that salaries or loaded rates must account for all other entitlements under the award that award-covered employees aren’t receiving (such as penalty rates, loadings, allowances and overtime).

Contact Andrew Bland if you would like a legal compliance check or have any questions about these changes affect your business.

04/06/2025

📢 The national minimum wage and minimum award wages are increasing from 1 July 2025.

The national minimum wage is increasing to $24.95 per hour and $948 per week based on a full-time 38-hour work week.

All minimum award wages are increasing by 3.5%.

Employers have a legal responsibility to ensure that all of their employees are paid at or above the applicable modern award, registered agreement or the national minimum wage.

Employees who are paid award rates or very close to award rates will need to have their pay increased starting from 1 July 2025 to ensure employers meet their minimum legal obligations in relation to employee pay.

A reminder that from 1 January 2025, the Fair Work Act created a new ‘criminal underpayment’ law that can see employers criminally prosecuted if they knowingly underpay employees (which includes failing to increase their pay in line with their legal obligations to apply the award rate increases).

We recommend employers review their payroll obligations to ensure they are meeting their responsibilities. BlandsLaw can assist employers with reviewing their systems to ensure that the minimum wage and minimum award rate increases are applied in compliance with the Fair Work Act and the relevant awards.


📞 02 9412 3077
✉ [email protected]

Employers have a legal responsibility to ensure that all of their employees are paid at or above the applicable modern award, registered agreement or the national minimum wage.

28/03/2025

A recent Fair Work Commission (FWC) decision has served as a reminder that evidence of a valid reason for dismissal discovered after the dismissal can be relied upon as a valid reason for the employee’s dismissal even though it was discovered after the fact.

A recent Fair Work Commission (FWC) decision has served as a reminder that evidence of a valid reason for dismissal discovered after the dismissal can be relied upon as a valid reason for the employee’s dismissal even though it was discovered after the fact.

12/03/2025

The Federal Court of Australia has handed down a judgement addressing the long debated topic of what is and is not considered to be protected disclosure from 'whistleblowers'.

Importantly, whistleblowers must have reasonable grounds for their suspicion, which must be made on a factual basis, not just an honest suspicion. The Court also commented on protections available to whistleblowers, reminding employers of their obligations when receiving qualifying disclosure.
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If you would like to discuss these latest changes or any other workplace issues, please contact us.
📞 02 9412 3077
✉ [email protected]

The question of what is and is not protected disclosure from ‘whistleblowers’ has long been the subject of debate. A recent decision by the Federal Court of Australia in Mount v Dover Castle Metals Pty Ltd [2025] FCA 101 (“Mount v Dover”) addressed this issue.

15/12/2024

Season's Greetings!

24/10/2024

The Fair Work Commission (FWC) ordered the Reserve Bank of Australia to compensate a manager after ruling his dismissal was unfair, despite valid performance concerns. The FWC criticized the abrupt process, bypassing a full review of his Performance Improvement Plan (PIP). This case highlights the importance of fair and transparent procedures in managing employee performance.

In a recent ruling, the Fair Work Commission (FWC) has ordered the Reserve Bank of Australia (RBA) to pay compensation to a long-serving manager who was dismissed under what was described as “unnecessarily abrupt” circumstances. The decision highlighted concerns over the fairness of the dismissa...

18/10/2024

A recent case before the Fair Work Commission has highlighted a few risks for employer to take into account when negotiating a new employment contract with an existing employee or amending their existing employment contract.

Care should be taken that an ultimatum is not implied that an employee may be terminated if they don’t agree to the new or amended contract. The Commission also alluded that putting pressure on the employee to agree to new terms may be construed as a constructive dismissal if the employee resigns as a result of negotiations gone wrong.

When you choose BlandsLaw, you work directly with the expert and not a team of junior lawyers. We form a long-term, strategic partnership with you so that we understand your business needs.

28/08/2024

The Fair Work Commission recently deemed that communicating too early to an employee that a fixed term contract won’t be renewed was a dismissal by the employer.

In this recent case, the Commission gave little weight to the expiry date of an employee’s contract expiry date in favour of the view that successive fixed term contracts gave rise to an expectation of continuing employment which was terminated when the employer told the employee that they wouldn’t be renewing his most recent contract.

With new rules regarding fixed term contracts introduced on 6 December 2023, employers should also be on notice that expiry dates for fixed term contracts have little to no effect if they don’t meet the standards set by the new rules.

When you choose BlandsLaw, you work directly with the expert and not a team of junior lawyers. We form a long-term, strategic partnership with you so that we understand your business needs.