PODCAST · business
The Friday Workplace Briefing
by Andrew Douglas
The Friday Workplace Briefing is a weekly podcast to update the Australian business community on the most significant developments, issues, and cases across workplace law, with practical suggestions to protect your business and people.
Episodes
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New Victorian Law Coming Empowering Reps and Doubling Reckless Endangerment Penalties
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...
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The Complexity of Managing Performance in a Psychologically and Culturally Safe Manner.
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…
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Managing Complex Disability Adjustments and What happens when it goes Wrong.
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...
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Do You really Love Christmas-after Parties and Discipline
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...
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The Need for a Factual Nexus
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...
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First Case on Right to Disconnect Shows How Tough It is for Employees to Win
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...
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Royal Commission into Big Build Corruption
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...
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How Ai is The Bully’s Tool
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…
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The Growth of More Serious Criminal Charges in Safety
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...
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The New Fair Work Court-what is it, When will it Happen and How will it Change our World
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...
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The Test for Termination Based on not Fit for The Inherent Requirements of The Job “Not Fit now or in The Foreseeable Future to Undertake the Inherent Requirements of The Job with Reasonable Adjustments”
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...
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General Protections Claim limitations for Independent Contractors. Political Beliefs Protected under State law are not Protected Workplace Laws for Independent Contractors.
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...
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You Can’t Delegate Safety to Employees - It is Always Owned by The Employer Where There are Clear Rules and Failure to Comply with Directions
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...
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WFH: What Does it Mean for Victorian Employers
This week, Jim 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...
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The Key role of Supervision in Safety Making sure Employees are Skilled, capable and Knowledgeable in How to do Work safely is The Cornerstone of Workplace safety-and All of that Rests on the Shoulders of the Supervisor.
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...
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The new sexual harassment compensation provisions in the FWA tested by the Full Bench: Is pre-enactment misconduct relevant to a claim brought after?
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...
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The FWA and Australians Working Overseas How Far Does Our Workplace Legislation Extend Beyond Australia?
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...
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Annual Wage Review and what it Means Understanding the Impact of the FWC Wage Case on Award Employees, EA Employees and Common Law Contracts
Join Andrew Douglas and Kim McLagan as they discuss the Fair Work Commission’s Annual Wage Review and what it means for employers. The session will cover the impact of the wage review decision on award-covered employees, enterprise agreement employees, and employees engaged under common law...
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What is Happening in The Bullying Jurisdiction? Stopping Weaponisation
Workplace bullying remains a key focus for employers across Victoria, with ongoing developments in workplace health and safety obligations, psychosocial hazard regulations, and employer responsibilities continuing to shape the legal landscape. As regulators and courts place greater attention on...
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The FWC Stop Sexual Harassment Jurisdiction Just Ordered Compensation Against Individuals – in the Second Decision in Two Weeks the Federal Circuit Court Made Significant orders for Compensation Against Two Businesses for non-touch Sexual Harassment and Two Individuals.
Recent decisions from the Fair Work Commission and the Federal Circuit Court have sent a powerful message to employers and individual workers alike — sexual harassment liability is expanding rapidly, and the financial consequences are becoming increasingly significant. In the second major…
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Does an Investigation into Out of Hours Conduct need to be Delayed Until Criminal Proceedings Complete?
When misconduct happens outside of work hours, employers are often faced with a difficult question: should a workplace investigation pause while criminal proceedings are underway? In this week’s Friday Workplace Briefing, Kim McLagan and Monnette Samo unpack the legal boundaries of investigating...
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When is a Workplace Right not a Workplace Right? When a Complaint is not Made in Good Faith and For an Ulterior Purpose
When is a workplace right not really a workplace right? It’s a question more organisations are facing as complaints increase - particularly when they may not be raised in good faith. Can you recognise when a workplace right complaint is legitimate, and not made for an ulterior purpose?...
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When directors rely upon others, They are still Liable for Harm
We’re pleased to share our latest podcast episode, where Andrew Douglas and Kim McLagan explore how reliance by directors on others can create a false sense of security. However, reliance does not remove responsibility. Directors remain ultimately accountable, and where things go wrong, they may...
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Media, Employees and Direction to not Use Employers’ Infrastructure What is a Lawful and Reasonable Direction in Respect of Media Comment
We’re excited to share our latest podcast episode, where we examine the much-vexed issue of our employee communications with the media - both mainstream and social media. In this episode, Andrew Douglas and Jim Babalis explore what this means in practice, by looking at the risks…
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Safety Regulator Attack Misconduct Investigations
In our latest video, Andrew Douglas and a special guest cover an important and often misunderstood topic: Safety Regulator misconduct investigations. Another case demonstrates safety regulators’ march into general workplace people management—this time focusing on the psychological hazards of...
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Rise in Penalty Award for Serious Injuries in Safety
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...
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Double Jeopardy in Safety and Criminal Law: Charged, Convicted, Fined—Then Jailed Again?
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...
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Labor’s Work from Home What is it, will it Catch on and What Impact will it Have on Employers?
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...
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Who are We at Work? Respect or Liked and the Risks of Personal Disclosure
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...
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FWC Full Bench Makes its Stance Clear That Racism has "no Place in Any Workplace.
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...
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Courts and Tribunals are Getting Tough on Sexual Harassment Claims – How to Prevent the Harassment and The Claim
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...
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The Landscape of Psychological Injury Claims Within Australia’s Workers’ Compensation Schemes is Undergoing Significant Change.
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...
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Medical Absence and Termination: Prolonged Absence Without Medical Evidence
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...
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Christmas Parties and Employee Safety All I Want for Christmas Is Respect – The Never-Ending Saga of Sexual Harassment at Christmas Parties
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…
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Privacy and out of Work Behaviour – When can You Discipline?
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…
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Getting Your Drug and Alcohol Policy Right – Then Following It.
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...
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Complaining About Work Online Is Not a Workplace Right Under General Protections
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…
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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.
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...
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The Duty of Good Faith and Fidelity When Applying for Jobs with a Client
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...
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Flexible Work, Hybrid Arrangements and Westpac – New Flexibility at Work the Latest Case Will Embolden Primary Carers to Push for Workplace Flexibility
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...
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Restructuring Out Employee on Parental Leave – Morally and Legally a Fraught Process.
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. See...
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Major Risks Require Specialised Advice – The Need for Competency in Major Safety Risks
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...
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SafeWork Meddling in Restructures – New Industrial Risks for Employers
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...
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Psychological health regulations and Code now in effect in Victoria.
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...
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How Many People Can Be Liable in Complex Contractor Relationships?
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...
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Annualised Salaries: When Woollies and Coles Went Rogue
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...
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Huge Penalties for Breach of Whistleblower Protections
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...
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Fixed Term Contracts - What are they and When Do They End? Main Topic
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).…
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OHS Industrial Manslaughter Provisions do not Prevent Employees from being Charged with Manslaughter Under the Crimes Act
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…
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Failing to Provide Training for High-Risk Activities Makes Officers Liable
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…
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ABOUT THIS SHOW
The Friday Workplace Briefing is a weekly podcast to update the Australian business community on the most significant developments, issues, and cases across workplace law, with practical suggestions to protect your business and people.
HOSTED BY
Andrew Douglas
CATEGORIES
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