Welcome to our October edition, which brings together practical workplace updates and ideas to support you in managing your people and planning ahead.
Our SCHADS Award update covers December’s pay increases for eligible home care disability workers, along with the sleepover changes already in effect. We explain what employers should review across pay rates, rosters and payroll, including the potential impact on employees covered by enterprise agreements.
We also look at the use of AI in Fair Work matters, considerations for organisations with employees working overseas, and how reviewing your structures and systems can make work easier for your people.
For our Tasmanian community, we have included a recent workers’ compensation decision with practical considerations for managing claims and payment obligations.
We hope this edition gives you something useful to discuss or helps you find ways to improve your organisation, and I thank you for continuing to be part of our BelRose community.
Warm regards,
Bel & Team
AI in Fair Work Matters - What Employers Need to Do
From 20 October 2026, new Fair Work Commission requirements will apply when generative AI is used to prepare applications, responses, submissions, witness statements or other case documents.
AI use is not banned, however, parties must:
disclose when and how AI was used
personally check that all information is accurate and relevant
confirm witness statements reflect the witness’s own knowledge and words.
AI can assist with drafting, but responsibility for the final document remains human.
What should employers do now?
Employers should review their processes before using AI in workplace disputes, this includes:
checking every fact, case, legislative reference and quotation
keeping confidential employee information out of public AI tools
adding AI disclosure and human approval steps to case procedures
ensuring witnesses personally review and approve their statements.
How we can support you
At The BelRose Group, we assist clients with Industrial and Employee Relations advice, policy development, workplace investigations, dispute resolution and compliant people-management processes.
We can help you:
develop or update an AI workplace policy
introduce practical document-checking procedures
prepare managers and witnesses for workplace matters
review processes before documents are lodged with the Commission.
Early preparation can reduce risk and help ensure your organisation uses AI responsibly, and The BelRose Group can support you with your Fair Work matters.
Where was the Employment Contract made? A Fair Work Question for Overseas Teams
An employee may live and work entirely overseas yet still be covered by Australia’s Fair Work Act 2009. Two recent Fair Work Commission decisions are relevant to organisations with international operations, overseas employees or offshore workforce arrangements.
Two recent Commission decisions
In Sanderson v Brightest Australia Pty Ltd, the employee lived and worked in New Zealand and dealt primarily with New Zealand customers. He signed his employment agreement and returned it by email to his Australian employer.
The Commission found that the contract was formed in Victoria because the employee’s acceptance took effect when the email was received by the employer. As a result, he was not considered to have been engaged outside Australia and could pursue an unfair dismissal claim. His dismissal was ultimately found to be harsh, unjust or unreasonable.
A different result followed in Pe v Satellite Office Solutions Pty Ltd. The employee performed all his duties in the Philippines. His contract was signed in wet ink by both parties in the Philippines and retained there.
The Commission found that the contract was formed outside Australia and that the employee had been engaged to work outside Australia. The relevant exclusion applied, and his General Protections application was dismissed.
For cross-border employment, how a contract is accepted may matter as much as where the employee works.
Why this matters for international employers
The Fair Work Act can include an employee of an Australian employer even when that employee is located overseas. An exclusion applies where the employee was both engaged outside Australia and engaged to perform duties outside Australia.
For our clients with a presence overseas, the practical details may therefore carry greater weight than expected:
Who issued the contract?
Where was acceptance received?
Which entity signed it?
Where was the final agreement stored?
These decisions do not mean that every overseas employee is covered by Australian workplace law. They show that physical location alone may not provide the answer. In some circumstances, an everyday email could become the detail that determines whether an Australian Fair Work claim can proceed.
Businesses with overseas teams should keep clear records of how employment offers are made and accepted and avoid assuming that an employee falls outside the Fair Work Act simply because they work in another country.
For questions arising from an existing cross-border arrangement, contact us at The BelRose Group.
Is your organisation making work harder than it should be?
Organisational effectiveness reflects how well strategy, structure, systems, leaders and employees work together to achieve the right outcomes, which cannot be assessed from activity levels alone.
Growth, leadership changes, new technology or shifting client needs can gradually leave roles and processes out of step with business priorities.
Common warning signs include:
decisions being delayed because accountability is unclear
employees working around outdated systems
duplicated responsibilities or gaps between teams
managers spending more time resolving issues than leading
capable people feeling frustrated, disconnected or overworked.
Working around unclear roles and weak systems can consume capable people’s time and effort, making it harder for them to work effectively.
Improvement often begins with a few practical questions.
Are priorities clearly understood?
Do employees know what they are responsible for?
Does the organisational structure support the work being done? Are leaders equipped to manage performance, change and communication?
For our BelRose community, particularly organisations experiencing growth, change or restructuring, a fresh review can identify where work is becoming unnecessarily difficult.
At The BelRose Group, we draw on our experience in strategic planning, organisational redesign, People and Culture, leadership, remuneration, recruitment and cultural transformation to help organisations create clearer, more effective ways of working.
Reviewing the structure, systems and expectations around your people can help identify where work is becoming difficult and what needs to improve.
Contact The BelRose Group for an independent review of how your organisation’s structure, systems and ways of working support your people.
Before pausing compensation, check your payment obligations Key findings for employers
In State of Tasmania v Pearson [2026] TASFC 11, the Full Court unanimously dismissed an employer’s appeal, confirming that a medical certification gap exceeding 14 days did not remove its obligation to resume weekly compensation payments once a further certificate was received.
For Tasmanian employers managing accepted claims, the key findings are:
Payments may be temporarily paused while certification is missing, but receiving a further certificate can require payments for the period it covers.
A gap exceeding 14 days allows an employer to treat the subsequent certificate as a new claim under section 69(13) of the Workers Rehabilitation and Compensation Act 1988 (Tas) and dispute liability.
Disputing the claim does not automatically authorise withholding payments. The Court rejected the argument that making the required payments would amount to an admission of liability.
The right to dispute liability and the obligation to make payments are separate issues.
What happened?
Ms Pearson had an accepted workers’ compensation claim relating to stress and exhaustion. Her medical certificate expired on 18 May 2023, and she provided another on 14 June 2023, certifying incapacity from 18 May to 12 July 2023.
The employer treated the late certificate as a new claim, disputed liability and withheld payments for the certified period. The Full Court confirmed that this approach did not remove the payment obligation while the dispute awaited determination.
Key learnings for our clients
Track certificates and follow up early
Maintain a central record of certificate expiry dates, receipt dates and certified periods. Allocate responsibility for reminders and prompt follow-up with employees when documentation is overdue.
Check the basis before withholding payments
Do not assume that a certification gap or a decision to dispute liability provides sufficient grounds to stop payments. Seek advice from your insurer or legal adviser before changing payment arrangements.
Keep payment and liability decisions separate
Ensure HR, payroll and claims managers understand that a dispute can proceed alongside payment obligations. Document who authorises payment changes and the basis for each decision.
Retain a clear decision record
Keep certificates, correspondence, insurer advice and tribunal orders together. Record relevant deadlines and the reasons for decisions, particularly where a certificate retrospectively covers an unpaid period.
Review existing claims
Check claims involving certification gaps or withheld payments with your insurer or legal adviser. Confirm whether further action or payment adjustments are required.
Strengthen your claims processes
This decision concerns Tasmania’s legislation; employers operating elsewhere should obtain jurisdiction-specific advice.
At The BelRose Group, we help employers strengthen workers’ compensation administration, coordinate complex cases and improve People & Culture processes.
Important Employer Update for SCHADS Workers
Prepare for December’s SCHADS pay increases
From the first full pay period starting on or after 1 December 2026, eligible home care employees providing hands-on disability care will receive an increase of up to 15% to their minimum SCHADS Award rates.
The changes can also affect employees covered by an enterprise agreement, because their base rate cannot fall below the corresponding award base rate. Employers should check agreement rates against the new minimums.
Review classifications and the updated pay guide now so payroll and budgets are ready for commencement. At The BelRose Group, we can identify affected roles, check agreement rates and help your payroll team apply the changes correctly and on time.
Check your SCHADS sleepover arrangements
SCHADS sleepover changes apply from the first full pay period starting on or after 1 June 2026, affecting how employers roster and pay employees.
🌸Work immediately before and after a sleepover is one shift, and the sleepover does not count as the break between shifts.
🌸 By agreement, these shifts can include up to 12 ordinary working hours, excluding the sleepover, with no more than eight on either side.
🌸 Shift allowances are assessed separately for the work before and after the sleepover.
These changes can be missed when payroll still treats work on either side as separate shifts or uses outdated overtime and loading rules.
An internal audit should check payments since commencement, employee agreements and rest breaks. At The BelRose Group, we can review your rosters and payroll, identify discrepancies and help correct how the rules are applied.
All information, content, and materials provided in this newsletter are intended for general informational purposes only. The content does not constitute legal advice and should not be relied upon as such. Readers are encouraged to seek independent professional advice tailored to their specific circumstances before making any decisions or taking action based on the information provided.
