A recent decision of the Federal Court of Australia – Full Court (Full Court) has provided some clarity to employers in relation to when the obligation to pay superannuation will or will not arise.

The Superannuation Guarantee (Administration) Act 1992 (SGA Act) requires employers to pay the superannuation guarantee for certain “employees” to avoid the superannuation guarantee charge. The SGA Act defines an “employee” by reference to its…

Work from home arrangements have become the “new normal” across many workplaces since the COVID-19 pandemic.

It is well known that an employer’s work health and safety obligation to ensure, so far as is reasonably practicable, the health and safety of its employees applies to all work environments, including where employees work from home.

The relocation of the workplace to a person’s private premises exposes employers to outside factors, such as an employee’s personal…

As part of the introduction of the Fair Work system for Australia’s national workplace relations system ushered in by the Fair Work Act 2009 (Cth) (FW Act), the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act) provided for the continued existence and application of industrial instruments created under the Workplace Relations Act 1996 (Cth) or before the FW Act…

There are a number of personal attributes that are protected by Australia’s federal and state anti-discrimination laws, such as a person’s race, sex, pregnancy, marital status, family responsibilities, breastfeeding, age, disability, sexual orientation, gender identity or intersex status.

In a unique decision, the Australian Capital Territory Civil and Administrative Tribunal was recently required to determine a complaint of discrimination based on the protected attribute of…