The Friday Workplace Briefing

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The Friday Workplace Briefing discusses the weaponization of AI in employee complaints and claims and how employers can defend themselves, as well as defeating General Protections claims by quarantining the decision maker. Andrew and Kim also discuss new changes in Qld IR law aligning Qld IR with the rest of Australia, and Workers’ Compensation, including similar new rules around psychological claims to Vic and NSW. “Disclaimer: This briefing is provided for general information purposes only and does not constitute legal advice. Before acting or relying on its contents, please contact us at admin@fcwlawyers.com.au or your legal adviser to obtain advice specific to your circumstances.” Watch this week’s Friday Workplace Briefing Video here . See omnystudio.com/listener for privacy information.

Is AI the death of HR or its new superpower? Andrew Douglas and Tanya Maithani discuss the implications of AI in the workforce as it continues to grow. As AI transforms the way HR teams recruit, manage performance and plan their workforce, it leaves us to question whether human judgement still plays a fundamental role and whether HR will survive it. The good news is it will survive and flourish at a high level, but it will massively change the way HR is practised. “ Disclaimer: This briefing is provided for general information purposes only and does not constitute legal advice. Before acting or relying on its contents, please contact us at admin@fcwlawyers.com.au or your legal adviser to obtain advice specific to your circumstances.” Watch this week’s Friday Workplace Briefing Video here . See omnystudio.com/listener for privacy information.

Victoria passes safety law changes that double prison time for employees and directors Andrew Douglas and Kim McLagan discuss the new Victorian Law coming to Double Reckless Endangerment Penalties and how this legislative change will empower Safety Representatives. Watch this week’s Friday Workplace Briefing Video here . See omnystudio.com/listener for privacy information.

Managing performance in today’s diverse workplace is increasingly complex. Andrew Douglas and Tom Daly discuss the growing importance of cultural and psychological safety when managing employee performance, and the key considerations for employers. Watch this week’s Friday Workplace Briefing Video here. See omnystudio.com/listener for privacy information.

What happens when a disability adjustment becomes complex — and what happens when things go wrong? In this episode, Andrew Douglas & Tanya Maithani discuss Managing Complex Disability Adjustments and What Happens When It Goes Wrong , sharing their perspectives on the challenges that can arise and what can happen when things don’t go as planned. Watch this week’s Friday Workplace Briefing Video here. See omnystudio.com/listener for privacy information.

With Christmas functions fast approaching, a recent Fair Work Commission decision is a timely reminder that the work function may not necessarily end when the official event does. What happens when the celebrations continue, things go wrong, and employee conduct becomes a workplace issue? In our latest podcast, Andrew Douglas and Kim McLagan discuss the recent decision in Bell v Arts Centre Melbourne and what it means for employers heading into the festive season. Watch this week’s Friday Workplace Briefing Video here. See omnystudio.com/listener for privacy information.

When is a flexible work request genuinely connected to an employee’s age? Andrew Douglas and Monnette Samo discuss a recent Fair Work Commission decision that explores this question and what it means for employers and employees. Watch this week’s Friday Workplace Briefing Video here. See omnystudio.com/listener for privacy information.

The Right to Disconnect - What does it actually mean? The first case to consider the new right to disconnect provisions provides important insight into what employers and employees need to know. Join Andrew Douglas and Kim McLagan as they discuss Kalleske v McGuire and explore the critical distinction between unreasonable out-of-hours contact and the consequences of not responding. Watch this week’s Friday Workplace Briefing Video here. See omnystudio.com/listener for privacy information.

The Royal Commission into Big Build Corruption – What You Need to Know In our latest podcast, Andrew Douglas is joined by Madelyn Hassan , who is stepping in front of the camera for the first time after helping behind the scenes with the FCW podcast preparation. Together, they discuss the newly established Royal Commission into the integrity of major Victorian infrastructure projects, including the allegations of corruption, organized crime and serious misconduct, and what the Commission could mean for the construction industry. We hope you enjoy the discussion — and please join us in welcoming Madelyn to the podcast! Watch this week’s Friday Workplace Briefing Video here. See omnystudio.com/listener for privacy information.

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.

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.

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.

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.

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.

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.

This week, J im 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.

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.

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.

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.