Author: Kristy Jones

Employment contracts remain the foundation of every employment relationship. In today’s complex regulatory and compliance environment, they need to do more than simply record the basics of employment.

A well-drafted, contemporary contract clearly sets out the role, responsibilities, pay, work location, and expectations regarding flexibility, confidentiality, and conduct. When these elements are left vague or outdated, the risk of disputes, compliance breaches, and operational uncertainty increases. With employee expectations evolving and hybrid work arrangements becoming common, contracts must accurately reflect the way your organisation operates.

“Employment contracts demand more than simple agreements. When employers align contracts with current laws and workplace realities, they create clarity, compliance, and confidence across their workforce.”

Too many employers continue to rely on outdated templates or copied agreements. These often fail to keep pace with legislative change, such as amendments to the Fair Work Act, modern award obligations, casual conversion provisions, or requirements for remote working arrangements. A contract that may have been suitable five years ago could now leave an employer exposed if it is non-compliant or unenforceable.

It is important that contracts are reviewed regularly, especially when new roles are created, or organisational changes take place. Doing so ensures that documentation remains relevant, compliant, and aligned with both legal obligations and the needs of the workforce.

At The BelRose Group, our People & Culture consultants work closely with organisations to create tailored and practical employment contracts. We review existing agreements, identify compliance gaps, and ensure consistency across all documentation. Whether you are engaging your first employee or managing a larger workforce, we provide contracts that are clear, enforceable, and designed to support both compliance and strong workplace relationships.

As flexible and remote working becomes a common fixture, employers must reconsider what “acceptable employment” means during a redundancy process. Recent decisions from the Fair Work Commission (FWC) provide important guidance on how remote work can affect whether a redeployment offer is considered suitable.

At The BelRose Group, we have reviewed two recent cases that highlight the complexities employers face in this space.

“Redundancy decisions require more than flexibility alone. When employers balance business needs with fair and suitable redeployment options, they build clarity, compliance, and confidence in the process.”

Understanding ‘Other Acceptable Employment’

Under the Fair Work Act 2009 (Cth), an employer may apply to the FWC to reduce redundancy pay if suitable alternative employment is offered. The Commission assesses this objectively, considering:

• Location and hours

• Pay and seniority

• Continuity of service

• The employee’s family responsibilities

The decision ultimately hinges on whether the redeployment offer represents fair and reasonable employment in the circumstances.

Case Law in Practice

Case 1: Permanent Remote Role – Not Suitable

TAE Aerospace Pty Ltd v David Vanner [2025] FWC 953

An employee’s in-person role was made redundant, and the employer offered a full-time remote role based in Melbourne while the employee resided in Brisbane. Although the employee had previously worked remotely on a secondment, he had made clear that family responsibilities prevented him from continuing this arrangement long-term.

The FWC agreed, finding that the redeployment was at a lower level, with reduced benefits, and that the original role required physical workplace access.

Outcome: The remote role was deemed unsuitable. The application to reduce redundancy pay was dismissed.

Case 2: Remote Work Preference Not Enough

Mater Misericordiae Ltd v Robyn Tyler [2025] FWC 1396

In this matter, an employee was offered a new on-site role with the same pay and hours. She declined, preferring to work remotely part-time to support her studies.

The FWC noted that her remote work arrangement had been informal and not contractually guaranteed. Because the redeployment matched the pay and conditions of her original role, redundancy pay was reduced to zero.

Outcome: A personal preference for flexibility, without contractual basis, was not sufficient to reject the role as unsuitable.

Key Considerations for Employers

These cases show that remote work is only one factor in determining whether redeployment is acceptable. Employers should carefully assess the full context:

1. Assess all aspects
   Compare location, hours, pay, and level of responsibility to the original position. If flexible work was a formal entitlement, this carries greater weight.

2. Consider personal circumstances
   Legitimate concerns, such as family care duties, must be taken into account. The FWC places significant emphasis on these factors.

3. Clarify informal arrangements
   Where flexible or remote work has been informal, employers retain discretion. Clear communication is essential to manage expectations.

4. Consult and communicate early
   Early, genuine consultation is not only a requirement under Fair Work legislation, it also helps reduce disputes and supports defensible decisions.

Need Advice on Redundancy and Redeployment?

The BelRose Group assists employers in assessing redeployment options and managing redundancies with fairness and compliance in mind. We help organisations balance their operational needs with employee entitlements, ensuring a clear and considered approach.

If you are facing redundancy decisions in the era of remote work, we are here to support you.

Employment contracts form the foundation of every working relationship. In today’s compliance-focused environment, they need to do more than outline the basics, they must reflect how your organisation actually operates.

“Strong employment relationships start with strong contracts. When employers prioritise clear, compliant agreements, they create the foundation for trust, consistency, and accountability across the workplace.”

A contemporary employment contract provides clear terms around responsibilities, remuneration, location, working arrangements, confidentiality, and expected standards of conduct. Without this clarity, employers may face unnecessary disputes, compliance risks, or confusion across teams. As expectations shift and hybrid work becomes more common, it’s critical that contracts keep pace with these changes.

Many businesses still rely on outdated templates or contracts sourced from other organisations. These documents often fail to account for changes in legislation, including amendments to the Fair Work Act, casual conversion entitlements, modern award coverage, or remote work policies. A contract that was sufficient five years ago may no longer be compliant, or enforceable.

It’s important to review employment contracts regularly, particularly when new roles are introduced or when your business undergoes structural change. Staying current reduces risk and strengthens your position should any issues arise.

At The BelRose Group, we develop tailored, practical employment contracts that align with your organisation’s operational needs and legal obligations. Our People & Culture consultants will review your existing documents, identify and address compliance gaps, and help ensure your contracts are consistent, clear, and enforceable.

Whether you’re hiring your first employee or managing a large and growing workforce, we’re here to support you in building strong, compliant employment foundations.

Creating and maintaining a safe workplace is more than a legal obligation, it is a fundamental responsibility that influences the wellbeing of your people, the continuity of your operations, and the reputation of your organisation. In 2025, with new industrial manslaughter laws being introduced across various jurisdictions, there is increasing personal accountability for directors and senior leaders.

Work health and safety is not a static compliance exercise. It demands an active, informed, and engaged approach at every level of leadership. Below, we explore key considerations to support a robust and safety-led workplace.

“Workplace safety begins at the top. When leaders prioritise safety, they set the tone for the entire organisation, demonstrating that care, responsibility, and accountability are non-negotiable.”

1. Understand Your Obligations

Every employer must be aware of the Work Health and Safety (WHS) laws that apply in their specific state or territory. It is also essential to remain up to date with any industry-specific codes of practice and regulatory requirements. Seeking guidance from experienced WHS advisors can help ensure your organisation remains compliant and prepared for emerging changes.

2. Establish a Strong Foundation

A comprehensive safety audit is a valuable first step in identifying existing hazards. Your workplace policies and procedures should be tailored to your operations and reviewed regularly to ensure they reflect current legislative standards. Systems must be updated in a structured and proactive manner, with periodic reviews embedded into your risk management framework.

3. Build a Safety-Led Culture

Workplace safety should be a shared responsibility. Leaders must provide practical and ongoing safety training, not only during induction but throughout the year. Encouraging open communication, reporting of hazards, and recognition of proactive safety behaviours contributes to a culture where safety is genuinely prioritised.

4. Be Prepared for Incidents

Organisations must have a clear incident response plan outlining how to report, investigate, and address safety incidents. Emergency drills should be conducted regularly, and workplaces must ensure that first aid resources and trained personnel are readily available.

5. Maintain Robust Documentation

Accurate and detailed records are not only essential from a legal perspective, they also support continual learning and improvement. This includes maintaining up-to-date records of safety training, audits, policy reviews, and incident investigations.

6. Seek Advice Early

Waiting for a safety incident to occur before seeking support can place your people and your business at risk. Engaging experienced WHS professionals early can help to mitigate issues before they escalate, and provide critical guidance if regulatory action arises.

7. Stay Informed About Legislative Changes

Workplace safety legislation is evolving rapidly. Leaders must remain informed through reliable industry channels and act quickly to update policies and procedures in response to regulatory developments. Communication with your workforce is key, changes must be understood and implemented at all levels.

Why It Matters

Workplace safety failures can result in legal consequences, financial loss, reputational harm, and most significantly, harm to the people who rely on their workplace being safe. In today’s environment, leaders must demonstrate a genuine and consistent commitment to safety. By staying informed, engaged, and accountable, organisations can create safer workplaces and support a stronger, more resilient workforce.

The new Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 came into effect on 8 March 2025 and now applies to all workplaces covered by the Work Health and Safety Act 2011 (Cth). Although the Code is not legally binding, it may be relied upon by courts to determine what is considered reasonably practicable when it comes to preventing harassment in the workplace.

The Code provides clarity for employers by outlining examples of sexual and gender-based harassment and offering practical guidance on how investigations should be conducted. Importantly, it introduces a four-step risk management process designed to help employers identify, assess, and manage the risks associated with these behaviours.

Another significant feature of the Code is the connection it draws between harassment and other psychosocial hazards. This highlights the importance of applying the new guidance in conjunction with the Managing Psychosocial Hazards at Work Code of Practice 2024, ensuring a comprehensive approach to psychological health and safety.

“Staying compliant is not just a legal obligation, it is a commitment to safety and respect. Keeping pace with regulatory changes helps protect both your people and your organisation.”

Employers should consider taking the following steps to ensure compliance and to build safer, more respectful workplaces:

• Update workplace policies to reflect the requirements and guidance in the new Code

• Educate all staff on respectful conduct, workplace rights, and the standards expected under the Code

• Take a proactive approach to risk assessments, rather than waiting for complaints to emerge

• Ensure that all investigations are conducted in a manner that is both fair and trauma-informed

Adopting these measures can help organisations not only meet their obligations but also create environments where all workers feel valued, respected, and safe.

“Super compliance is not just a deadline, it’s a duty. Staying ahead of legislated changes protects your people and your organisation.”

This final step reflects the Australian Government’s continued focus on long-term financial security and retirement adequacy. It also signals an important compliance milestone for all employers as we move toward the 2025–26 financial year.

What Employers Need to Do

To ensure a smooth transition, employers should act now:

Update Payroll Systems
Ensure payroll software and internal processes are set up to apply the new 12% SG rate from the first full pay period on or after 1 July 2025. If you’re unsure, speak with your payroll provider well in advance.

Communicate with Employees
Let your team know about the upcoming change. It’s important to clarify whether the increase will impact total remuneration or take-home pay, particularly for those on total package or salary-inclusive arrangements.

Review Budgets and Forecasts
Higher SG contributions may affect staffing budgets and workforce planning. Now is the time to revisit your financial projections to factor in the increase and avoid surprises in the new financial year.

This change is a statutory requirement and applies to all eligible employees, whether they are full-time, part-time, or casual.

If you have any questions about the upcoming SG increase or require support in preparing your payroll systems, please contact The BelRose Group at Support@BelRoseGroup.com.au or phone 1300 308 707.

“Compliance isn’t a checkbox, it’s a commitment. When Award obligations are overlooked, the risks to organisations are immediate and avoidable.”

For organisations that engage employees under levelled or annualised salary arrangements, now is the time to conduct a comprehensive salary audit.

It is essential to ensure that each employee is receiving, in practice, no less than they would be entitled to under the applicable Modern Award. This includes a proper reconciliation of Award-based entitlements such as overtime, penalty rates, allowances, and mandatory rest periods between shifts. The Fair Work Commission has reinforced that annualised salary arrangements must not result in employees being disadvantaged, and that employers must be able to demonstrate that the total annual remuneration equals or exceeds what would have been paid under strict Award compliance.

This assessment requires a detailed review of actual hours worked, entitlements accrued, and any variances in working patterns. It should be conducted at least annually, or whenever there are material changes to Award conditions or business operations. Maintaining accurate records is not just good practice, it is a compliance requirement that helps mitigate the risk of underpayment claims or regulatory scrutiny.

If your organisation needs support navigating these changes, The BelRose Group is here to assist. We provide expert guidance on Award compliance, payroll auditing, and the review of annualised salary arrangements. Our practical, tailored approach ensures your systems are compliant and fit for purpose.

For trusted advice and hands-on support, connect with our team today.

A recent decision by the Fair Work Commission has again reinforced the importance of honesty and trust in the workplace. In this case, a solicitor’s decision to misuse sick leave for a weekend away—and post about it on social media—ultimately led to his summary dismissal being upheld as fair.

“Sick leave is built on trust, not a technicality to be exploited. When that trust is broken, the consequences are often swift and justified.”

What Happened?

The Melbourne-based solicitor called in sick for two workdays (a Friday and the following Monday), claiming he was unwell. However, his employer later discovered he had travelled interstate to Adelaide to attend AFL events and had posted about the weekend on social media platforms.

His employer, a small law firm, acted swiftly under the Small Business Fair Dismissal Code, asserting that the solicitor’s behaviour amounted to serious misconduct. The solicitor challenged the termination by lodging an unfair dismissal claim with the Fair Work Commission.

The Commission dismissed the claim, finding that the employer had a reasonable belief that serious misconduct had occurred and was justified in terminating the employee without a full investigation.

Key Takeaways for Employers

This case is a reminder of two essential principles for managing misconduct in the workplace:

1. The Small Business Fair Dismissal Code Can Offer Protection
Where an employer has a reasonable basis to believe serious misconduct has taken place—such as dishonesty, falsified documentation, or a breach of trust—the Code can be relied upon to justify immediate dismissal, even without a formal investigation.

2. Documentation Still Matters
Although a full investigation was not required in this case, the employer’s ability to point to deceptive conduct, misleading medical documents, and a false statutory declaration supported the Commission’s decision. Maintaining clear records of misconduct helps uphold fair process and protect against future disputes.

Why Integrity in the Workplace Matters

Trust is central to every employment relationship. When it is broken—particularly through deliberate dishonesty—dismissal may not only be fair but necessary to protect the integrity of the workplace.

“The integrity of the employment relationship relies on trust. Once broken, dismissal may be not only fair but necessary.”

What This Means for Small Business Employers

Small businesses often face challenges in managing employee conduct while meeting legal obligations. This case shows that when serious misconduct occurs, a reasonable and documented response can stand up to scrutiny. However, employers should still aim to follow a fair and balanced process, even when the circumstances seem clear-cut.

At The BelRose Group, we support employers to navigate complex HR and employee relations matters with clarity, professionalism, and care. If you’re unsure how to manage a misconduct issue or apply the Small Business Fair Dismissal Code correctly, our team is here to help.

Need guidance on managing misconduct in your workplace? Contact The BelRose Group for tailored advice.

From 2026, all Australian employers with 500 or more employees will be legally required to set and work towards three gender equality targets. This forms part of the most significant reforms to the Workplace Gender Equality Act 2012 in over a decade and marks a shift from reporting to meaningful, measurable action.

Under the updated requirements, each organisation must select its targets during the 2025–26 reporting cycle. These targets must be drawn from a list approved by the Workplace Gender Equality Agency (WGEA) and must include at least one numerical goal. Employers will then have three years to demonstrate genuine progress.

“Targets alone don’t create change, but when backed by data, action, and accountability, they can reshape workplace culture for the better.”

What Are the New Gender Equality Targets?

The targets focus on measurable change and are designed to drive structural improvement in gender equality. Options include:

• Reducing gender pay gaps

• Improving gender balance in leadership

• Expanding access to flexible work arrangements

• Strengthening anti-harassment and discrimination measures

Once selected, targets cannot be changed or abandoned, highlighting the need for careful planning, data analysis, and strategic alignment.

Reporting Deadlines to Note

• Private sector employers will report between April and May 2026

• Public sector employers will report between September and October 2026

These timeframes mean the next 12 months are critical for preparation. Organisations must take deliberate steps to understand their current position, identify meaningful targets, and implement initiatives that will deliver measurable results.

What Happens If Employers Do Not Make Progress?

WGEA will publicly name employers that do not demonstrate progress against their targets. In addition, failure to meet these obligations may result in loss of eligibility for government contracts and other reputational impacts.

How The BelRose Group Can Help

At The BelRose Group, we are already working with clients across Australia to prepare for these upcoming changes. Our support includes:

• Conducting detailed gender pay gap and workforce analysis

• Reviewing existing workplace policies and practices

• Advising on target selection aligned with strategic goals

• Developing practical and sustainable implementation plans

We believe that gender equality targets are not just a compliance requirement—they are a valuable tool for driving cultural change and building fairer, more inclusive workplaces.

Plan Now, Succeed Later

This reform is about moving from passive awareness to deliberate action. The organisations that succeed will be those that begin early, plan thoroughly, and implement changes with purpose.

If you’re seeking tailored advice or hands-on support to meet WGEA’s gender equality target requirements, we’re here to help.

Contact The BelRose Group today to discuss how we can support your organisation’s journey towards greater gender equality.

Secret recordings in the workplace can have serious consequences, especially when disputes or unfair dismissal claims arise. While some employees may believe that recording a conversation offers protection, doing so can breach legal boundaries, erode trust, and in some cases, result in lawful termination.

“Trust is the foundation of every workplace — and secretly recording conversations, even when legal, can erode that trust beyond repair.”

A recent case, Altham-Wooding v PKDK Adventures, highlights just how risky secret recordings can be. In this Victorian matter, a casual employee recorded a workplace conversation after her shifts were reduced without explanation. She intended to use the recording as evidence in an unfair dismissal claim. However, the Fair Work Commission ruled otherwise.

Deputy President Saunders found the employee’s actions to be inappropriate and a breach of the duty of good faith. The recording was excluded from evidence, and despite the employer only learning of the act during proceedings, the Commission found it was a valid reason for dismissal.

As noted in the ruling: “Even if lawful, secretly recording a workplace conversation can be enough to justify dismissal if it damages trust.”

What Does the Law Say?

The legality of recording workplace conversations differs by state and territory:

• New South Wales: Illegal to record private conversations without the consent of all parties.

• Victoria & Queensland: Legal if you are a participant in the conversation.

• South Australia, Western Australia, ACT: Illegal without the consent of all parties involved.

• Tasmania & Northern Territory: Legal if you are a party to the conversation.

What Should Employers Do?

To avoid confusion and reduce risk:

• Develop a clear workplace recording policy outlining expectations and consequences.

• Educate staff on the importance of trust, confidentiality, and professional conduct.

• Know your legal obligations before making decisions based on recorded conversations.

Even when technically legal, secret recordings may still breach workplace policies or destroy the foundation of trust giving rise to disciplinary action or dismissal under the Fair Work Act.