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Contractor deemed to be an employee

Cropper v Energy Action (Australia) Pty Ltd (No 2) [2025] FCA 663 found that a contractor working for Energy Action, has actually been an employee for over 14 years. Background Mr Cropper, after many years working as an analyst, commenced freelance work and set up an ABN and commenced work for various clients. Cropper had a chance encounter with a…
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Dismissal for political opinion results in successful unlawful termination claim

The Federal Court of Australia has handed down a decision in Lattouf v Australian Broadcasting Corporation (No 2) [2025] FCA 669, an unlawful termination application by Antionette Lattouf, confirming that the Australian Broadcasting Association (ABC) breached the Fair Work Act 2009 (Cth) by dismissing Lattouf for expressing political opinions. Background Lattouf made various social media posts with her views on…
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Directions in accordance with employment contracts: When are they lawful?

It has always been a question of when a direction by an employer in accordance with an employment contract will be lawful. The Fair Work Commission recently addressed this issue in Bertus Moers v The Trustee For Williamson Family Trust [2025] FWC 1344. Background Mr Moers raised concerns in relation to bullying, non-payment of bonus payments, unrealistic work and job…
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High Income Threshold and Superannuation Contributions increase set for 1 July 2025

The high-income threshold and maximum compensation thresholds are increasing from 1 July 2025. The high-income threshold is increasing from $175,000 to $183,100.   The maximum compensation for unfair dismissal claims will increase to $91,550 from 1 July 2025.   Employee’s seeking to challenge dismissals through unfair dismissal claims, or contractors lodging unfair deactivation or unfair contract terms applications will be…
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Fair Work Minimum Wage Increase Decision for 2025

The national minimum wage and minimum award wages are increasing from 1 July 2025. The national minimum wage is increasing to $24.95 per hour and $948 per week based on a full-time 38-hour work week. All minimum award wages are increasing by 3.5%. Employers have a legal responsibility to ensure that all of their employees are paid at or above the…
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The Ins and Outs of Enforcing Restraints

The Victorian Supreme Court has addressed the prominent factors considered when dealing with an application for an injunction against former employees in Perpetual v Epplett & Ors [2025] VSC 193 (“Perpetual v Epplett”). Background The employer (Perpetual) applied to the Court for an interlocutory injunction against the defendants on the basis that, as former employees, they breached the non-solicitation clauses…
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