First decision handed down on Fair Work Act 2009 (Cth) sexual harassment provisions
The Federal Circuit and Family Court of Australia (the Court) has delivered the first decision on s 527D of the Fair Work Act 2009 (Cth) (the Act). Section 527D was introduced into the Act following recommendations made in the Sex Discrimination Commission’s 2023 Respect@Work Report. Section 527D prohibits sexual harassment in connection with work: A person (the first person)
Labour hire licensing reforms
The South Australian Government has recently made changes to the Labour Hire Licensing Act 2017 (SA) (the Act) that will require all labour hire providers to become licensed by 29 July 2026. Previously, only the providers in five recognised industries were required to be licensed.[1] For the purposes of the Act, a person provides ‘labour hire services’
Changes to Delegates Rights, Clarification on Sleepover Provisions in SCHADS Award, New Definition of High Risk Construction Work & Closing Loopholes Review
FWC drafting new clause on Workplace Delegates Rights in all modern awards The Fair Work Commission Full Bench (the Full Bench) has released their provisional view on a new workplace delegates rights clause to be implemented in all modern awards after the Full Court of the Federal Court (FCAFC) struck down the clause that has been
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
