Byline: Victoria Comino

Employers have always had obligations under Commonwealth and state legislation to provide a workplace that is safe and without risk to health, from both a physical and mental or psychosocial perspective. However, commencing 1 December 2025, Victorian employers now have a positive duty that reinforces the existing obligation under the Occupational Health and Safety (Psychological Health) Regulations 2025.

Case note: Pascua v Doessel Group Pty Ltd [2025] FWC 1833

Following a ruling from the Fair Work Commission (FWC) that determined she was an employee, an offshore paralegal was successful in her unfair dismissal application despite the respondent’s objection that claimed she was engaged as an independent contractor.

Over recent months, the Fair Work Commission (FWC) has decided on a number of cases involving disputes over breaches of workplace alcohol and drug (AD) policies.

In Benjamin Unicomb v SESLS Industrial Pty Ltd (U2024/8974), the FWC found that the termination of an employee for breaching the AD policy was unfair, and that employers need to consider if employees have understood the policy before the employee is sacked.

Case note: Thomas Trevan v Vardan Towing & Transport Pty Ltd [2025] FWC 49

Unfair dismissal cases are the last thing a transport operator wants to see landing on their desk.  A recent case in the Fair Work Commission (FWC) is an example of how it can go wrong if you don’t address the issue squarely.

Case note: Kent Aoyama v FLSA Holdings Pty Ltd [2025] FWC 524

The Fair Work Commission (FWC) has ordered a workplace to allow an employee to work an additional day per fortnight at home to be with his young child. The FWC decision came about after the employee’s individual flexibility arrangement (IFA) request was denied.

From 26 February 2025, independent contractors can file claims in the Fair Work Commission (FWC) to set aside unfair contract terms.

In addition, while eligible employees have long had unfair dismissal protections, some gig workers and contractors are able to apply to the FWC under new unfair deactivation and termination provisions.

On 1 July 2024, a new clause was inserted into all 155 modern awards providing union workplace delegates specific rights in the workplace.

A version of this article was first published by VTA in August 2023.

It has become apparent that there is some confusion about how labour hire regulation impacts the transport industry. A business can be liable for a penalty exceeding $590,000 for using an unlicensed provider, or providing labour without a labour hire licence — so it’s important to get it right.

Consistent with the ever-changing workplace during this COVID-19 Pandemic, another new requirement has been introduced for employers.