The National Workplace Brief is our quarterly newsletter to bring you up to speed on happenings in workplace and industrial relations law around the country, brought to you by our specialist team here at HWLE. Please reach out to the authors or the Workplace Relations team in your local HWLE office should you have any questions or require assistance.

What is serious misconduct?

Serious misconduct can justify the immediate dismissal of an employee without notice, but determining what qualifies is not always straightforward. This article examines how Fair Work Regulation 1.07 and key case law define serious misconduct, including examples such as theft, fraud, assault, and reckless behaviour, and explores how out-of-hours conduct may still impact employment. Employers will gain clarity on when summary dismissal is appropriate, and the evidentiary standards required to support such action.

This article was written by Chris Morey, Special Counsel, and reviewed by Clare Raimondo, Partner.

Click here to read more.

Unlawful wage deductions: Key reminders for employers

The recent Federal Circuit and Family Court decision in Fair Work Ombudsman v McCrystal Agricultural Services Pty Ltd [2025] FedCFamC2G 1478 underscores that wage deductions are only permitted in limited circumstances under the Fair Work Act 2009 (Cth) and certainly cannot be used to deduct “fines” for misconduct from employee wages. The case serves as a timely reminder that deductions must be in writing and principally for the employee’s benefit, unless otherwise authorised under section 324(1). Employers should review payroll practices and deduction policies to ensure compliance and avoid significant penalties.

This article was written by Jessica Nicholls, Partner, and Alana De leso, Solicitor.

Click here to read more.

New state-based approaches to regulating sexual harassment

From 13 October 2025 new NSW laws give the Industrial Relations Commission power to award up to $100,000 in damages for workplace bullying and sexual harassment in the public sector. This marks a national first, expanding remedies beyond the Fair Work Commission’s limited non-monetary orders and introducing stronger employer accountability measures. Meanwhile, Victoria has proposed laws to restrict non-disclosure agreements in sexual harassment cases, reflecting a growing push for tougher, state-based workplace protections.

This article was written by Lily Schafer-Gardiner, Special Counsel, and Helena Tryphon, Law Graduate, and reviewed by Brad Swebeck, Partner.

Click here to read more.

Flexible work arrangements, working from home, and managing employee expectations about when and where work is performed

Over the past decade, flexible work has evolved from a niche benefit to an essential part of the Australian employment landscape. Under the Fair Work Act 2009 (Cth), eligible employees have a statutory right to request flexible work arrangements, and employers must follow a strict process and justify any refusal on carefully articulated and measurable, reasonable business grounds. Recent Fair Work Commission decisions highlight the importance of balancing operational needs with employee wellbeing, ensuring workplace flexibility is managed lawfully, transparently, and in a way that promotes both fairness and safety across diverse working environments.

This article was written by Danielle Flint, Partner, and Jasmyn Joseph, Law Graduate.

Click here to read more.

South Australia introduces Portable Long Service Leave for the community services sector

From 1 October 2025, South Australian community services employers must register with the new Portable Long Service Leave Scheme, report eligible workers’ service and wages quarterly, and pay a 2.2% levy on total wages. The scheme enables employees to accrue long service leave entitlements across multiple employers within the sector. With the first return due by 21 January 2026, employers should act now to ensure compliance and avoid penalties of up to $10,000 per breach.

This article was written by Clare Raimondo, Partner, and Emma Campbell, Senior Associate.

Click here to read more.