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The Friday Workplace Briefing

The Friday Workplace Briefing is a weekly podcast to update the Australian business community on the most significant developments, issues, and cases across workplace law, with practical suggestions to protect your business and people.

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How Ai is The Bully’s Tool

What happens when workplace conflict meets AI? In a recent Fair Work Commission decision, a body corporate committee was found to have repeatedly behaved unreasonably towards a caretaker, creating a risk to her health and safety and warranting a stop-bullying order. The decision also highlights an emerging issue for employers and employees: the use of AI in workplace correspondence. The Commission…

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The Growth of More Serious Criminal Charges in Safety

In this episode, Andrew Douglas and Jim Babalis explore the growing trend of serious criminal prosecutions arising from workplace safety incidents. Using South Australia's first industrial manslaughter prosecution as a starting point, they discuss how regulators are increasingly pursuing significant penalties against companies, directors, and individuals following workplace fatalities. The…

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The New Fair Work Court-what is it, When will it Happen and How will it Change our World

The Federal Government has announced its intention to establish a new Fair Work Court -the most significant proposed change to Australia's workplace relations system in almost 30 years. Join Andrew Douglas and Jim Babalis as they discuss what this proposal could mean for employers, including how workplace disputes may be resolved in the future, what is currently known, and the potential impact on…

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The Test for Termination Based on not Fit for The Inherent Requirements of The Job “Not Fit now or in The Foreseeable Future to Undertake the Inherent Requirements of The Job with Reasonable Adjustments”

When is an employee no longer able to perform the inherent requirements of their role, and when can an employer lawfully rely on incapacity as a reason for termination? In this session, Andrew Douglas and Jim Babalis will discuss the legal test for termination based on an employee's capacity to perform the inherent requirements of their position, and the key considerations for employers when…

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General Protections Claim limitations for Independent Contractors. Political Beliefs Protected under State law are not Protected Workplace Laws for Independent Contractors.

General protections claims aren't just an issue for employers and employees-they can also arise in contractor relationships. However, the rights and protections available to independent contractors are not always the same. In this update, Jim Babalis and Tom Daly explore the limits of general protections claims for independent contractors, including when State laws may give rise to workplace…

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You Can’t Delegate Safety to Employees - It is Always Owned by The Employer Where There are Clear Rules and Failure to Comply with Directions

What happens when employers assume safety is simply "common sense" or leave critical safety decisions in the hands of their employees? In this episode, Kim McLagan and Monnette Samo explore one of the most important principles in workplace health and safety: an employer's duty to provide and maintain a safe workplace cannot be delegated. Using a recent court decision as the backdrop, we'll discuss…

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WFH: What Does it Mean for Victorian Employers

This week, J im Babalis and Tom Daly will be presenting on what Work from Home means for Victorian employers. The Victorian Government has introduced proposed legislation that could significantly change workplace rights for employees working from home. If passed, the Equal Opportunity Amendment (Work from Home) Bill 2026 will introduce a new statutory right for eligible Victorian employees to work…

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The Key role of Supervision in Safety Making sure Employees are Skilled, capable and Knowledgeable in How to do Work safely is The Cornerstone of Workplace safety-and All of that Rests on the Shoulders of the Supervisor.

This week, Kim McLagan and Monnette Samo will be presenting on The Key Role of Supervision in Safety. A recent NSW Industrial Court case serves as a timely reminder of the importance of effective supervision in the workplace. Following a serious incident involving a worker who suffered life-changing burns, the Court found there had been multiple safety failures, including a total failure of…

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The new sexual harassment compensation provisions in the FWA tested by the Full Bench: Is pre-enactment misconduct relevant to a claim brought after?

Recent Full Bench proceedings have provided one of the first significant opportunities to examine how the Fair Work Act's sexual harassment dispute framework operates in practice, particularly where alleged conduct spans periods before and after the commencement of the Respect@Work reforms. Join Andrew Douglas and Kim McLagan as we explore the key issues arising from this important decision. This…

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The FWA and Australians Working Overseas How Far Does Our Workplace Legislation Extend Beyond Australia?

The FWA and Australians Working Overseas: How Far Does Our Workplace Legislation Extend Beyond Australia? As businesses increasingly engage employees who live and work outside Australia, understanding the reach of Australian workplace laws has never been more important. In this podcast Andrew Douglas and Jim Babalis explore the circumstances in which overseas-based employees may still be covered…

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