News

FWC varies unfair payment term in independent contractor agreement

A recent FWC decision provides practical guidance for businesses on how payment terms in contractor agreements may be assessed under the Fair Work Act’s unfair contract terms jurisdiction. Businesses engaging independent contractors should not assume that an agreed contract term is beyond scrutiny. Part 3A-5 of the Fair Work Act 2009 (Cth) allows eligible contractors to challenge certain unfair terms…
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Employee Copied Clients Into Resignation Email: Why the FWC Still Found the Dismissal Unfair

The Fair Work Commission has reinforced an important principle for employers: conduct that is embarrassing, frustrating or commercially uncomfortable does not necessarily amount to a valid reason for dismissal. In James (Gemma) Moore v Bytewize Pty Ltd, the Commission found that an employee was unfairly dismissed after sending a resignation email to her employer which also copied in various Department…
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Can an employer question an employee’s medical certificate?

An employee calls in sick on Friday and provides a medical certificate. Later that day, you see photos of them at a sporting event or social function. Can you challenge the medical certificate? The short answer is: sometimes, but employers should proceed carefully. Under the Fair Work Act, employees may be required to provide evidence that would satisfy a reasonable…
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FWC Finds Employee Was Dismissed Despite Employer Believing He Had Resigned

In Jung Hong v Green Drake Pty Ltd as Trustee for the Grey Unit Trust t/as Grey Farming [2026] FWC 1934, the Fair Work Commission found that an employer had dismissed an employee despite genuinely believing that he had resigned. The decision is a timely reminder that where an employee’s intentions are unclear, employers should take reasonable steps to clarify…
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Fair Work Commission dismisses unpaid trial worker’s dismissal claim

In brief The Fair Work Commission has dismissed a general protections application involving dismissal after finding that a worker who undertook an unpaid trial shift at a bakery had not been dismissed. The decision is a useful reminder that unpaid trials should be carefully limited and documented. It also highlights that, while general protections claims do not require a minimum…
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Fair Work Commission Minimum Wage and Award Wage Increase 2026

The Fair Work Commission has handed down its Annual Wage Review 2026 decision today, increasing minimum rates of pay from 1 July 2026. The National Minimum Wage will increase by 5.97% to: $26.44 per hour; and $1,004.90 per week based on a 38 hour full time working week. Minimum wage rates contained in modern awards will increase by 4.75%. Employers…
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