The Friday Workplace Briefing

Afleveringen

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  How Ai is The Bully’s Tool 13.08.2026 16min

  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 criticised correspondence that appeared to have been AI-generated as lengthy, repetitive and accusatory, while also emphasising the importance of meaningfully engaging with legitimate workplace concerns.In our upcoming podcast, Andrew Douglas and Kim McLagan will discuss the key findings of the decision and explore what it means for workplace bullying, workplace communications and the growing use of AI in employment matters.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  The Growth of More Serious Criminal Charges in Safety 06.08.2026 26min

  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 conversation also examines recent industrial and workplace manslaughter cases from across Australia, highlighting the evolving legal landscape, the heightened expectations on employers and officers, and the importance of proactive safety management in mitigating both legal and operational risk.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  The New Fair Work Court-what is it, When will it Happen and How will it Change our World 02.08.2026 26min

  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 businesses if the reforms proceed.While the proposal is still in its early stages and consultation is yet to commence, understanding the direction of these reforms is important for employers looking to stay ahead of workplace relations developments.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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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” 23.07.2026 29min

  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 making these decisions.Using a recent Fair Work Commission decision as a case study, they will examine how these principles are applied in practice and the important lessons for employers navigating this complex area of employment law.Join us for an insightful discussion on this evolving area of employment law and the practical takeaways for employers.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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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. 19.07.2026 34min

   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 rights under the Fair Work Act, the interaction between State and Federal legislation, and the key considerations for businesses engaging contractors.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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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 12.07.2026 29min

  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 why relying on workers to make their own safety decisions can expose businesses to significant legal and financial consequences.Join us as we examine the key lessons from this important case and discuss what every employer should understand about their ongoing responsibilities under workplace health and safety laws. Watch this week’s Friday Workplace Briefing Video here.  See omnystudio.com/listener for privacy information.
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  WFH: What Does it Mean for Victorian Employers 05.07.2026 35min

  This week, Jim 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 from home, creating new obligations for employers and a new dispute resolution framework through VEOHRC and VCAT.With the first commencement date set for 1 September 2026 (and 1 July 2027 for small businesses), now is the time for employers to understand what these proposed changes could mean for their business.Whether you're an HR professional, business owner or manager, this vido provides a practical overview of the proposed reforms and the key issues employers should be watching.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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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. 28.06.2026 29min

  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 supervision.The case highlights that supervisors play a critical role in ensuring safe work procedures are followed, workers are properly trained and equipped, and hazards are actively managed.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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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? 21.06.2026 25min

  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 session will provide valuable insights into the evolving operation of the Fair Work Act's sexual harassment jurisdiction and the lessons employers can take from this developing area of law.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  The FWA and Australians Working Overseas How Far Does Our Workplace Legislation Extend Beyond Australia? 14.06.2026 27min

  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 by the Fair Work Act, safety, workers’ compensation and other workplace laws. We also discuss how there can be dual obligations with the country of residence further complicating people management.Join us as we examine how far Australia's workplace laws can extend beyond our borders and what employers need to know when managing an increasingly global workforce.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  Annual Wage Review and what it Means Understanding the Impact of the FWC Wage Case on Award Employees, EA Employees and Common Law Contracts 07.06.2026 29min

  Join Andrew Douglas and Kim McLagan as they discuss the Fair Work Commission’s Annual Wage Review and what it means for employers.The session will cover the impact of the wage review decision on award-covered employees, enterprise agreement employees, and employees engaged under common law contracts, along with key considerations ahead of the 1 July 2026 changes.Don't miss this timely update on one of the most significant workplace developments of the year.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  What is Happening in The Bullying Jurisdiction? Stopping Weaponisation 31.05.2026 25min

  Workplace bullying remains a key focus for employers across Victoria, with ongoing developments in workplace health and safety obligations, psychosocial hazard regulations, and employer responsibilities continuing to shape the legal landscape.As regulators and courts place greater attention on workplace conduct and psychosocial risks, organisations need to stay informed about what these changes mean in practice. In this update, Kim McLagan and Monnette Samo examine the latest developments in Victoria’s bullying jurisdiction and emerging compliance expectations.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  The FWC Stop Sexual Harassment Jurisdiction Just Ordered Compensation Against Individuals – in the Second Decision in Two Weeks the Federal Circuit Court Made Significant orders for Compensation Against Two Businesses for non-touch Sexual Harassment and Two Individuals. 24.05.2026 29min

  Recent decisions from the Fair Work Commission and the Federal Circuit Court have sent a powerful message to employers and individual workers alike — sexual harassment liability is expanding rapidly, and the financial consequences are becoming increasingly significant. In the second major decision delivered within two weeks, substantial compensation orders were made against individual respondents, including in matters involving non-physical sexual harassment. These decisions reinforce the growing legal, reputational, and psychosocial safety risks facing workplaces that fail to properly prevent and respond to inappropriate conduct.Andrew Douglas and Kim McLagan will discuss these important developments, the emerging legal trends, and what employers should be doing now to manage risk and meet their workplace obligations.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  Does an Investigation into Out of Hours Conduct need to be Delayed Until Criminal Proceedings Complete? 16.05.2026 23min

  When misconduct happens outside of work hours, employers are often faced with a difficult question: should a workplace investigation pause while criminal proceedings are underway?In this week’s Friday Workplace Briefing, Kim McLagan and Monnette Samo unpack the legal boundaries of investigating employee conduct outside the workplace, including when private behaviour can become a workplace issue and justify disciplinary action.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  When is a Workplace Right not a Workplace Right? When a Complaint is not Made in Good Faith and For an Ulterior Purpose 03.05.2026 30min

  When is a workplace right not really a workplace right?It’s a question more organisations are facing as complaints increase - particularly when they may not be raised in good faith. Can you recognise when a workplace right complaint is legitimate, and not made for an ulterior purpose?Understanding the difference is critical to avoid harm to your organisation. Misusing workplace rights can create significant legal and cultural risks, yet handling these situations incorrectly can be just as damaging.Join Andrew Douglas and Kim McLagan as they explore where the line is drawn, what the law says, and how employers can respond with confidence.Stay tuned for practical insights to help you navigate this complex area.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  When directors rely upon others, They are still Liable for Harm 27.04.2026 27min

  We’re pleased to share our latest podcast episode, where Andrew Douglas and Kim McLagan explore how reliance by directors on others can create a false sense of security. However, reliance does not remove responsibility. Directors remain ultimately accountable, and where things go wrong, they may still be held liable.Understanding where reliance ends and responsibility begins is critical in today’s risk environment.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  Media, Employees and Direction to not Use Employers’ Infrastructure What is a Lawful and Reasonable Direction in Respect of Media Comment 19.04.2026 23min

  We’re excited to share our latest podcast episode, where we examine the much-vexed issue of our employee communications with the media - both mainstream and social media.In this episode, Andrew Douglas and Jim Babalis explore what this means in practice, by looking at the risks, responsibilities, and real-world implications for both employees and organisations. From navigating media engagement to understanding appropriate use of workplace systems, the conversation offers practical insights you won’t want to miss.Whether you're an employer shaping policy or an employee wanting to stay informed, this discussion will help clarify expectations and spark important conversations.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  Safety Regulator Attack Misconduct Investigations 12.04.2026 17min

  In our latest video, Andrew Douglas and a special guest cover an important and often misunderstood topic: Safety Regulator misconduct investigations.Another case demonstrates safety regulators’ march into general workplace people management—this time focusing on the psychological hazards of investigating misconduct.It’s scary how far psychological hazard law has extended into the day-to-day management of employees. Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  Rise in Penalty Award for Serious Injuries in Safety 29.03.2026 34min

  There has been a rise in penalty awards for serious workplace safety injuries, bringing increased attention to how organisations manage risk, compliance, and accountability. For many businesses, this shift carries significant financial and reputational implications, making it more important than ever to stay informed and prepared.In this episode, Kim McLagan and Jim Babalis share their perspectives on what’s driving these higher penalties and how regulators and courts are responding. They also discuss what this means in practical terms for employers, including where businesses are most exposed and the steps that can be taken now to reduce risk.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.
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  Double Jeopardy in Safety and Criminal Law: Charged, Convicted, Fined—Then Jailed Again? 22.03.2026 25min

  In this discussion, Andrew Douglas and Monnette Samo examine the complex legal issue of double jeopardy in the context of workplace safety and criminal law. While the principle of double jeopardy is intended to prevent a person from being tried or punished twice for the same offence, serious workplace incidents can raise difficult questions when both safety legislation and criminal law apply to the same conduct.Andrew and Monnette discuss how these situations arise, how courts approach the issue when two different legal frameworks apply to the same incident, and what this means for organisations, officers, and safety professionals. The discussion highlights the increasing overlap between workplace safety enforcement and criminal prosecution, and why understanding these risks is critical for those responsible for governance, compliance, and workplace safety.Watch this week’s Friday Workplace Briefing Video here.See omnystudio.com/listener for privacy information.