The Friday Workplace Briefing

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 red...

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 safe...

Work-from-home is back in the spotlight, with the Labor government signalling stronger support for flexible work arrangements. Join us this week as Andrew Douglas and Kim McLagan discuss what this actually means for employers.

Recent workplace law discussions give employees greater ability to request flexible work, including working from home, and require employers to genuinely consider those requests. While remote work became common during the pandemic, these changes could further entrench hybrid work as a long-term expectation across many workplaces.

For employers, this raises important questions. Will work-from-home become the norm? How should businesses respond to em...

Join us this week as Andrew Douglas and Kim McLagan lead an engaging discussion on the topic “Who Are We at Work?” In this session, they’ll explore the balance between being respected and being liked in the workplace, and examine the potential risks that can come with personal disclosure in professional environments.

Andrew and Kim will help unpack how the way we present ourselves at work can influence relationships, perceptions, and professional boundaries.

We hope you can join us for what promises to be a thought-provoking conversation.

Watch this week’s Friday Workplace Bri...

Andrew Douglas and Tom Daly explore one of the most pressing and complex challenges facing Australian workplaces today: overseas workers, racism, and safety.

As public debate continues to be shaped by anti-immigration rhetoric, it is critical for organisations to focus on the facts. Australia’s economy depends on both skilled and unskilled migrant labour. Beyond filling workforce gaps, overseas workers contribute to innovation, productivity, and cultural strength within our organisations.

Creating a safe and respectful workplace is not just a moral obligation — it is essential to operational stability, legal compliance, and long-term success. Organisations that fa...

This week, our presenters Kim McLagan and Monnette Samo look forward to sharing key insights and developments from the past week, including an important and timely discussion on workplace sexual harassment.

Courts and Tribunals are continuing to take an increasingly firm approach to sexual harassment claims. Recent decisions demonstrate a clear expectation that employers must take proactive, meaningful steps to prevent harassment before it occurs — not simply respond after a complaint is made. Organisations that fail to implement adequate policies, training, reporting mechanisms, and cultural safeguards are facing significant financial penalties, reputational damage, and heightened regulatory scrutiny.

We’re pleased to welcome Andrew Douglas back for his first Friday Workplace Briefing of the year, joined this week by Monnette Samo.

The landscape of psychological injury claims within Australia’s workers’ compensation schemes is undergoing significant change. With NSW’s new Psychological Claims amendment now passed through Parliament — and other jurisdictions actively seeking to reduce the number of successful psychological claims — employers, insurers, and advisors must be prepared for a shifting regulatory environment.

These developments signal a broader national trend toward reform, tighter thresholds, and increased scrutiny of workplace psychological injury claims. Understanding what has changed...

We’re delighted to bring the Friday Workplace Briefing back to your inboxes for 2026.

This week’s session features Jim Babalis, presenting for the very first time, alongside Kim McLagan, as they unpack a critical workplace issue: medical absence and termination.

The briefing will explore when prolonged absence may allow for termination, particularly in circumstances where an employee has failed to provide adequate medical evidence. Our presenters will discuss key considerations for employers, practical risks, and how to navigate these situations lawfully and fairly.

Join us for timely insights and practical guidance to help you m...

As we head into the festive season, workplace celebrations are gearing up — but so too are the risks that employers need to keep front of mind.

This week, we dive into Christmas parties and employee safety, and Andrew and Kim explore a topic that unfortunately remains all too relevant:

“All I want for Christmas is respect – the never-ending saga of sexual harassment at Christmas parties.” This is the final episode of Friday Workplace Briefing (FWB) for 2025, and we’re signing off until 30 January.

Thank you for joining us throughout the year — we’ve loved sharing...

in the latest episode of Friday Workplace Briefing, Andrew and Nina discuss one of the most timely and challenging issues facing employers today: privacy and out-of-work behaviour — and when it crosses the line into disciplinable conduct. They explore the new case of Margetts v State of Queensland (Queensland Health) (No 2), which clarifies the limits of the landmark case of Rose v Telstra involving out of hours conduct. Interestingly, this case goes against the trend and establishes that employers do not have a right to act on out-of-hours behaviour if there is no causal link to the employment relationship, the bu...

In the latest episode of Friday Workplace Briefing, Andrew and Kim break down a critical issue for employers: how to get your drug and alcohol policy right—and follow it consistently.

Too often, organisations act impulsively and require testing without clear process or explanation. This episode highlights the common pitfalls and offers practical guidance to help you stay compliant and protect your workplace.

To view the full episode and catch up with the week’s latest news and developments, please visit this link.

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In the latest episode of Friday Workplace Briefing, Andrew and Tom explore a timely and important topic: why complaining about work online is not a workplace right under general protections.

They explore how employees who air grievances online may unintentionally breach their employment obligations — and the real disciplinary risks that can follow.

To view the full episode and catch up with the week’s latest news and developments, please visit this link.

See omnystudio.com/listener for privacy information.

In the latest episode of Friday Workplace Briefing, Andrew and Nina discuss What Happens When You are Assaulted and WFH-yes, it is Compensable.

Any Physical or Psychological Hazard Experienced Whilst Working from Home that Causes Harm is Both a Safety Issue and a Compensable Injury.

To view the full episode and catch up with the week’s latest news and developments, please visit this link.

See omnystudio.com/listener for privacy information.

In the latest episode of Friday Workplace Briefing, Andrew and Tom discuss the duty of good faith and fidelity when applying for jobs with a client.

To view the full episode and catch up with the week’s latest news and developments, please visit this link.

See omnystudio.com/listener for privacy information.

In the latest episode of Friday Workplace Briefing, Andrew and Nina discuss Flexible Work, Hybrid Arrangements and Westpac

New Flexibility at Work the Latest Case Will Embolden Primary Carers to Push for Workplace Flexibility

To view the full episode and catch up with the week’s latest news and developments, please visit this link.

See omnystudio.com/listener for privacy information.

In the latest episode of Friday Workplace Briefing, Andrew and Monnette discuss the morally and legally fraught process of Restructuring Out Employees on Parental Leave.

To view the full episode and catch up with the week’s latest news and developments, please visit this link. 

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In the latest episode of Friday Workplace Briefing, Andrew and Kim dive into the critical topic: Major Risks Require Specialised Advice - The Need for Competency in Major Safety Risks.

When it comes to serious incidents, lack of knowledge is no defence.

To view the full episode and catch up with the week’s latest news and developments, please visit this link.

See omnystudio.com/listener for privacy information.

In this episode, Andrew and Nina discuss SafeWork Meddling in Restructures – New Industrial Risks for Employers

How safety regulators and the Unions are targeting large scale restructuring with improvement notices and industrialising safety

 To view the full episode and catch up with the week’s latest news and developments, please visit this link. 

See omnystudio.com/listener for privacy information.

In this episode, Andrew and Tom dive into the newly introduced psychological health regulations and Code now in effect in Victoria.

They explore both the highs and lows of these changes — unpacking what they mean in practice and how they could impact you and your organisation.

To view the full episode and catch up with the week’s latest news and developments, please visit this link. 

See omnystudio.com/listener for privacy information.

We’re excited to welcome back Monnette for her second Friday Workplace Briefing episode.

In this episode, Andrew and Monnette discuss how many people can be liable in complex contractor relationships?

How safety and the common law pursue legal reasonability from all participants.

Here is this week’s Friday Workplace Briefing Video (link).

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We’re excited to welcome Monnette to her very first Friday Workplace Briefing — thanks for stepping in front of the camera and helping us bring the latest workplace news to our viewers! In this episode, Andrew and Monnette dive into a hot topic: Annualised Salaries – When Woolies and Coles Went Rogue They unpack the risks around record keeping and annualised salary arrangements — and why it’s a potential trap for employers.

To view the full episode and catch up with the week’s latest news and developments, please visit this link. 

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In this episode, Andrew and Nina discuss Huge Penalties for Breach of Whistleblower Protections.

What is a whistleblower, what law protects the Whistleblower and what are the risks of mistreatment of a whistleblower?

To view the full episode and catch up with the week’s latest news and developments, please visit this link.

See omnystudio.com/listener for privacy information.

In this episode, Andrew and Tom discuss Fixed Term Contracts - What are They and When Do They End?

The complexity around fixed term contracts that permit early termination for cause has ended with Full Bench of the FWC giving clarity.

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

In this episode, Andrew and Nina discuss how OHS industrial manslaughter provisions do not prevent employees from being charged with manslaughter under the Crimes Act.

The safety world often overlooks the risks posed by general crimes legislation as it relates to workplace safety - they should NOT!

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

In this episode Andrew and Tom discuss how failing to provide training for high-risk activities makes officers liable.

If your business involves high-risk activities and there is inadequate training and no evidence of competence, directors will be held liable.

To view the full episode and catch up with the week’s latest news and developments, please visit this link. 

See omnystudio.com/listener for privacy information.

In this episode Andrew and Kim discuss how the high court clarifies when a redundancy is genuine in the context of using contractors.

The scope for exploring whether a job is truly redundant has expanded again with a new High Court decision.

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

In this episode Andrew and Kim discuss The Curious Case of the Victorian Government and Workers’ Compensation.

First, an amending Act to restrict psychological claims and now a Code of Rights protecting workers — what’s next?

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

In this episode Andrew and Tom discuss Directors and Due Diligence: Lessons from the Whitemarsh Case.

Directors are facing significant growth in sentencing for safety breaches - the lessons need to be learned quickly.

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

In this episode Andrew and Nina discuss What is Abandonment of Employment?

Employers are often faced with situations where employees fail to notify their absence, are arrested, or suffer an illness and cannot attend work – but when is such conduct amount to a repudiation of their contract of employment?

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

At our next Friday Workplace Briefing Andrew and Thomas will be discussing how harshness can override a valid reason, covering the story of a reinstated University professor. A fascinating story about the failure to act promptly on misconduct, and how the Fair Work Commission deals with delays in disciplinary action.

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At our upcoming Friday Workplace Briefing Andrew and Nina Hoang will be discussing Delegates' Rights. Closing the loop has turbo-charged delegates' rights of representation in workplaces — where will it end?

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For this week’s Friday Workplace Briefing Andrew and Nina will be discussing the New NSW bullying regime starting 1 July 2025. NSW’s anti-bullying regime designed to fill the jurisdictional gap goes much further.

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At our next Friday Workplace Briefing Andrew and Thomas will be discussing The High Court, the CFMEU and Administration.

What was the case about, what did the High Court decide and what does it mean to the implied constitutional right of freedom of political expression?

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For our next Friday Workplace Briefing Andrew and Thomas will be discussing the fact that drug and alcohol policies must have thorough consultation and the importance of them being evidence based.

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In this episode Andrew and Kim discuss the growing divergence in national safety laws. As each state and territory continues to move away from the harmonisation promised under the Model WHS laws—never adopted by Victoria—employers are facing increased compliance costs and confusion. The recent bullying amendments proposed by New South Wales serve as a prime example. But why would a state choose to break ranks?

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In this episode Andrew and Nina discuss how to determine whether you must (or should) increase pay levels following the Wage Case outcome.

2025 Annual Wage Case – How Much Does It Affect Award and Award Free Employees?

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In this episode Andrew and Tom will be discussing: The Biggest Hazard on Site is Often the People Themselves.

People, and how they make decisions, is the least predictable and highest risk at any workplace.

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In this episode Andrew and Kim discuss how the State Government is seeking to reduce Workers' Compensation schemes exposure to the growth in psychological claims.
As all states and territories struggle under the burden of growing psychological claims, we need to understand future legislative responses — and NSW is particularly alarming!

See omnystudio.com/listener for privacy information.

In this episode Andrew and Laura discuss: The Ever More Complex World of Franchises.

Franchises often employ young workers with unstable tenure, which is a focus of the Fair Work Commission and the Fair Work Ombudsman. There are lessons for everyone in this issue!

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In this episode Andrew and Nina discuss when and how to use legal professional privilege in conduct investigations.

There are significant risks associated with using legal professional privilege and of it being waived by leadership. Discussion are centered around when to use it, how to use it and the rules that govern it.

See omnystudio.com/listener for privacy information.