It is timely to revisit a decision which surprised many employers, relating to the rostering of employees on public holidays.  Our clients may remember that the Federal Court found that the employer, OS MCAP Pty Ltd (OS), contravened sections 44 & 114 of the Fair Work

Entitlements to employer funded paid parental leave, if provided On 3 November 2025, the Commonwealth Parliament passed the Fair Work Amendment (Baby Priya's) Bill 2025 (Cth).[1]  This amending Act mandates that, if an employee has an entitlement to employer funded paid parental leave, the paid parental

Frances Walsh – Promotion to Special Counsel EMA Legal is pleased to announce and congratulate Frances Walsh who has been appointed Special Counsel, effective 1 July 2025.   Frances’ promotion reflects her exceptional lawyering skills, and outstanding technical knowledge in the increasingly complex area of industrial and

In May 2025, the Fair Work Ombudsman (FWO) published its Payroll Remediation Program Guide (Guide) to help employers identify and correct large-scale employee underpayments arising under the Fair Work Act 2009 (Cth) (FW Act), a modern award and/or enterprise agreement. At a high level, the Guide

On 3 June 2025, the Full Bench of the Fair Work Commission handed down its annual wage decision, which is a yearly review of the National Minimum Wage order and minimum wages in modern awards. The Commission held that the National Minimum Wage and minimum wage

The Commonwealth has recently released the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 (Cth) (the Code).[1] The Code provides employers with “practical guidance” as to how to meet their obligations under Work Health and Safety legislation (including the South Australian Work Health

This article discusses the operation of additional temporary exceptions to fixed term contract limitations, as a consequence of the Fair Work Amendment (Fixed Term Contract – Exceptions Measures) Regulations 2024.  The exceptions have been in operation since 1 November 2024 and apply to certain employment contracts

From 1 January 2025, intentional underpayments of wages or entitlements are a criminal offence, under new amendments to the Fair Work Act 2009 (Cth) (the Act).  The New Criminal Provisions Under the amendments, it may be an offence if an employer: is required to pay an

The South Australian Parliament has passed a Bill to amend the Return to Work Act 2014 (SA) (the Act). This includes significant changes to the obligation to provide ‘suitable employment’ to injured workers. Requesting Suitable Employment The Act will now require: workers to notify their employer