All I want for Christmas is……a reasonable request to work public holidays
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 Act 2009 (Cth) (the Act) by requiring 85 employees to work on
Changes to Employer Funded Paid Parental Leave, Changes to Fixed Term Contract Exceptions and New Superannuation Payment Obligations for Employers
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 leave must still be paid if the child is stillborn
Special Announcement and Portable Long Service Leave Commences in the Community and Disability Services Sector from 1 October 2025
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 employment law. Her promotion recognises her talent, achievements, her unwavering
Fair Work Ombudsman Payroll Remediation Program Guide
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 includes information about: Designing a large-scale Payroll Remediation Program (PRP);
Annual Wage Review 2025
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 rates of pay under all modern awards would be increased
New Guidance from the Commonwealth for Employers about Meeting Anti-Sexual Harassment Duties
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 and Safety Act 2012), and is consistent with the positive
