MKL Legal

31/03/2026

Junior Award rates for 18-20 year old workers after six months' service to be abolished. Today the Full Bench of the Fair Work Commission handed down its decision in the Junior Rates Application brought by the SDA to vary the junior rates in the General Retail Industry Award 2020, the Fast Food Industry Award 2020 and the Pharmacy Industry Award 2020. The Full Bench determined that the rates for 18-20 year olds be varied as follows:

10/02/2026

Employee side hustle constitutes a valid reason for dismissal. As reported in the Sydney Morning Herald today, a former employee has lost his Unfair Dismissal Application before the Fair Work Commission due to his conduct in running a personal coaching business alongside his full-time role as an Executive Manager at a recruitment company.

Commisioner Perica found that the employee's conduct was in breach of his contractual requirement for exclusive service and that as an executive he was required to devote the whole of his time, attention, and abilities exclusively to the employer's business. Furthermore, Commissioner Perica found that the employer did not condone the conduct as while it had some awareness of the coaching business, it was not aware of the full extent of the employee's involvement in that business.

To read the decision in full visit:https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc345.pdf

For the SMH article follow the link below:
https://www.smh.com.au/business/workplace/worker-dismissed-for-side-hustle-he-claims-to-have-disclosed-20260206-p5o04m.html

A Victorian recruitment manager failed to have his unfair dismissal application accepted after starting a personal business and failing to clearly disclose it.

22/01/2026

Big news for NRL fans and employment lawyers. Tomorrow at midday in the Supreme Court of NSW, the Parramatta Eels will be seeking to restrain Zac Lomax from signing with the Melbourne Storm and argue that he is in breach of the terms of his agreed release from Parramatta that he would not sign with a rival NRL Club before 2028.

17/08/2025

A former Amazon delivery man has won the right to challenge an alleged unfair deactivation of his Amazon Flex delivery account following his entry into a customer's house to deliver a parcel.

The Full Bench of the Fair Work Commission (FWC) has allowed an extension to the 21 day time limit to lodge the Unfair Deactivation Claim in the above matter by four days, taking into account the former delivery man's resulting mental health condition that went beyond the expected 'feelings of stress, anger, shock, distress, humiliation, or other analogous hurt, which workers commonly experience following a termination of their working arrangements.'

Read the full decision here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb182.pdf

If you or your business requires assistance with any FWC Application, get in touch with MKL legal for expert and practical guidance and representation.

25/06/2025

BREAKING NEWS: Antoinette Lattouf wins unlawful termination case aginst the ABC. Justice Darryl Rangiah of the Federal Court of Australia has found that the ABC dismissed journalist Antoinette Lattouf on 20 December 2023 because of her political opinions on the Israel-Hamas conflict in Gaza and that this dismissal was unlawful under section 772(1)f) of the Fair Work Act 2009 (Cth).

03/06/2025

The Fair Work Commission (FWC) has handed down a 3.5% minimum wage increase and increase to Modern Award rates of pay effective 1 July 2025. Stay tuned for further updates on the FWC Annual Wage Review Decision from MKL Legal.

16/05/2025

Congratulations to CEO Jason Wallace and the team at CluBarham. Barham Lakes will be a fantastic over 55’s living community on the banks of the Murray River.

Introducing our newest community – Barham Lakes🏡✨

This weekend marks the official launch of this premier over-55s lifestyle destination in Barham, NSW. Set across 10 hectares of tranquil waterways and natural bushland, Barham Lakes offers relaxed, resort-style living designed for connection, nature, and community.

A collaboration between CluBarham and Villawood Properties, this thoughtfully reimagined precinct revitalises a much-loved local space into a welcoming, modern community for over-55s.
We’re proud to help bring new life to this remarkable site and shape a community that reflects the values and aspirations of those who will call it home.

👉 Visit www.barhamlakes.com.au to learn more.

20/03/2025

Former Sea Eagle and NSW Origin star wins unfair dismissal case. Craig Hancock was successful in his claim against Sydney International Container Terminals Pty Limited (Hutchison) after it dismissed him for returning a 0.017-0.025% Blood Alcohol reading (BAC) following a workplace accident.

Deputy President Wright of the Fair Work Commission (FWC) found that the employer's recent change in Drug & Alcohol Policy from a permitted 0.02% to zero tolerance was not effectively communicated to Mr Hancock. The former Sea Eagles winger was reinstated with backpay. For more information on the case, see the link to the full FWC decision below:

MKL Legal provides expert guidance on employment law compliance for employers including unfair dismissals. Get in touch if you require advice in this area or with any other employment law and industrial relations matters.

22/01/2025

MKL Legal's new website has launched to kick off 2025! Fantastic work by Ellie O’Collins of Virtual Planet Studios with the redesign and keep a lookout for further updates and information from MKL Legal on how we can support your business with employment law, workplace investigations and other legal services. Visit www.mkllegal.com.au to find out more.

Mikhail is the Founder and Principal of MKL Legal Pty Ltd. Mikhail is a qualified solicitor that specialises in workplace relations, corporations & commercial law and general legal compliance with over 15 years’ of experience in court litigation, the provision of legal advice, human resources mana...

24/09/2024

Terminating someone's employment within the first six months (or 12 months for small businesses) may now be risky business if it is done solely to avoid the employee having access to the Unfair Dismissal provisions of the Fair Work Act 2009 (Cth).

The recent decision of Daboussy v Australian Federation of Islamic Councils [2024] FCA 1074 clearly states that such action may amount to adverse action and a contravention of the general protections provision of the Fair Work Act 2009 (Cth).

To avoid such a scenario, employers should have clear other grounds for ending the employment within the qualifying/probation period that can be evidenced and that have been clearly communicated to the employee.

If you require assistance with managing terminations within the qualifying/probation period, please don't hesitate to get in touch.

Read the Federal Court's decision here:

INDUSTRIAL LAW – where applicant summarily dismissed from his employment for serious misconduct – where applicant seeks interim order for reinstatement pursuant to s 545 of Fair Work Act 2009 (Cth) (“FW Act”) – whether applicant demonstrated a prima facie case of contravention of s 340 o...

30/08/2024

It's been a big week in industrial relations. Below are just some of the changes that have come into effect from 26 August 2024:

- The implementation of a 'Right to Disconnect' in the Fair Work Act 2009 (Cth);
- A changed definition of casual employment;
- The commencement of the Fair Work Commission's (FWC) regulation of contractors and gig economy workers; and
- The proposed implementation of a right to 'work from home' in the Clerks- Private Sector Award 2020.

It is more than enough for just employment law and industrial relations practitioners to keep up with and FWC will no doubt be kept busy by their expanded jurisdiction dealing with some of these reforms.

The Fair Work Ombudsman has put together some helpful resources on these changes, which can be accessed at: https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes

MKL Legal is available to assist employers with complying with these new legal obligations. Please reach out if you require further practical guidance.

Closing Loopholes Published 12 April 2024 | Updated 7 August 2024There have been changes to the Fair Work Act as part of the new ‘Closing Loopholes’ laws. The changes take effect at different times between December 2023 and August 2025.This section provides more information about the changes and...

14/08/2024

Virgin's dismissal of flight attendant for consuming one glass of Prosecco at work Christmas Party found to be unfair. The Fair Work Commission consequently ordered that the flight attendant is to be reinstated.

Virgin relied on a strict 'zero tolerance' approach to breaches of their Drug & Alcohol policy which stipulates that 'cabin crew shall abstain from consuming alcohol (whether or not an alcoholic beverage) at the time period of 8 hours immediately before commencing flight duty.'

This approach was found to be unfair, considering that the employee could not have been intoxicated at the time of the flight as the drink was consumed 7.5 hours before the flight. The decision emphasises the need for employers to be able to prove intoxication in relation to serious misconduct.

Read the full decision here:https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc2154.pdf

MKL Legal can assist employers in managing conduct in the workplace and compliance with workplace policies and procedures. Please get in touch if you require further guidance and assistance.