Explore every episode of the podcast The Friday Workplace Briefing

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, 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 (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.

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 contracts, along with key considerations ahead of the 1 July 2026 changes.

Don't miss this timely update on one of the most significant workplace developments of the year.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 workplace conduct and psychosocial risks, organisations need to stay informed about what these changes mean in practice. In this update, Kim McLagan and Monnette Samo examine the latest developments in Victoria’s bullying jurisdiction and emerging compliance expectations.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 decision delivered within two weeks, substantial compensation orders were made against individual respondents, including in matters involving non-physical sexual harassment. These decisions reinforce the growing legal, reputational, and psychosocial safety risks facing workplaces that fail to properly prevent and respond to inappropriate conduct.

Andrew Douglas and Kim McLagan will discuss these important developments, the emerging legal trends, and what employers should be doing now to manage risk and meet their workplace obligations.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 employee conduct outside the workplace, including when private behaviour can become a workplace issue and justify disciplinary action.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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?

Understanding the difference is critical to avoid harm to your organisation. Misusing workplace rights can create significant legal and cultural risks, yet handling these situations incorrectly can be just as damaging.

Join Andrew Douglas and Kim McLagan as they explore where the line is drawn, what the law says, and how employers can respond with confidence.

Stay tuned for practical insights to help you navigate this complex area.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 still be held liable.

Understanding where reliance ends and responsibility begins is critical in today’s risk environment.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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, responsibilities, and real-world implications for both employees and organisations. From navigating media engagement to understanding appropriate use of workplace systems, the conversation offers practical insights you won’t want to miss.

Whether you're an employer shaping policy or an employee wanting to stay informed, this discussion will help clarify expectations and spark important conversations.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 investigating misconduct.

It’s scary how far psychological hazard law has extended into the day-to-day management of employees.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 ever to stay informed and prepared.

In this episode, Kim McLagan and Jim Babalis share their perspectives on what’s driving these higher penalties and how regulators and courts are responding. They also discuss what this means in practical terms for employers, including where businesses are most exposed and the steps that can be taken now to reduce risk.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 workplace incidents can raise difficult questions when both safety legislation and criminal law apply to the same conduct.

Andrew and Monnette discuss how these situations arise, how courts approach the issue when two different legal frameworks apply to the same incident, and what this means for organisations, officers, and safety professionals. The discussion highlights the increasing overlap between workplace safety enforcement and criminal prosecution, and why understanding these risks is critical for those responsible for governance, compliance, and workplace safety.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 request flexible work, including working from home, and require employers to genuinely consider those requests. While remote work became common during the pandemic, these changes could further entrench hybrid work as a long-term expectation across many workplaces.

For employers, this raises important questions. Will work-from-home become the norm? How should businesses respond to employee requests? And what are the legal and operational implications?

In this update, we take a closer look at Labor’s work-from-home approach, whether it’s likely to gain momentum, and what employers should be doing now to stay ahead.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 professional environments.

Andrew and Kim will help unpack how the way we present ourselves at work can influence relationships, perceptions, and professional boundaries.

We hope you can join us for what promises to be a thought-provoking conversation.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 economy depends on both skilled and unskilled migrant labour. Beyond filling workforce gaps, overseas workers contribute to innovation, productivity, and cultural strength within our organisations.

Creating a safe and respectful workplace is not just a moral obligation — it is essential to operational stability, legal compliance, and long-term success. Organisations that fail to foster inclusive and culturally safe environments risk reputational damage, regulatory scrutiny, and workforce disengagement.

Join us for a clear, practical discussion on how employers can lead with integrity, strengthen culture, and ensure every worker — regardless of background — is treated with dignity and respect.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 harassment claims. Recent decisions demonstrate a clear expectation that employers must take proactive, meaningful steps to prevent harassment before it occurs — not simply respond after a complaint is made. Organisations that fail to implement adequate policies, training, reporting mechanisms, and cultural safeguards are facing significant financial penalties, reputational damage, and heightened regulatory scrutiny.

Prevention is no longer optional — it is a legal and commercial imperative. Taking early, well-documented action not only protects your people but also safeguards your organisation’s reputation and long-term success.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 amendment now passed through Parliament — and other jurisdictions actively seeking to reduce the number of successful psychological claims — employers, insurers, and advisors must be prepared for a shifting regulatory environment.

These developments signal a broader national trend toward reform, tighter thresholds, and increased scrutiny of workplace psychological injury claims. Understanding what has changed — and what may change next — is critical for managing risk, compliance, and workforce wellbeing effectively.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 prolonged absence may allow for termination, particularly in circumstances where an employee has failed to provide adequate medical evidence. Our presenters will discuss key considerations for employers, practical risks, and how to navigate these situations lawfully and fairly.

Join us for timely insights and practical guidance to help you manage prolonged medical absence with confidence.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

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 want for Christmas is respect – the never-ending saga of sexual harassment at Christmas parties.” This is the final episode of Friday Workplace Briefing (FWB) for 2025, and we’re signing off until 30 January.

Thank you for joining us throughout the year — we’ve loved sharing insights to help you navigate the ever-shifting workplace landscape.v

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 information.

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 Queensland (Queensland Health) (No 2), which clarifies the limits of the landmark case of Rose v Telstra involving out of hours conduct. Interestingly, this case goes against the trend and establishes that employers do not have a right to act on out-of-hours behaviour if there is no causal link to the employment relationship, the business, or its reputation. Tune in to learn how these legal thresholds apply today, and how to navigate the tricky intersection between employee privacy and employer protection.

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 information.

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 highlights the common pitfalls and offers practical guidance to help you stay compliant and protect your workplace.

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 information.

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 obligations — and the real disciplinary risks that can follow.

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 information.

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 full episode and catch up with the week’s latest news and developments, please visit this link.

See omnystudio.com/listener for privacy information.

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 information.

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 developments, please visit this link.

See omnystudio.com/listener for privacy information.

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 omnystudio.com/listener for privacy information.

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 the week’s latest news and developments, please visit this link.

See omnystudio.com/listener for privacy information.

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 latest news and developments, please visit this link. 

See omnystudio.com/listener for privacy information.

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 episode and catch up with the week’s latest news and developments, please visit this link. 

See omnystudio.com/listener for privacy information.

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 week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

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 Rogue They unpack the risks around record keeping and annualised salary arrangements — and why it’s a potential trap for employers.

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 information.

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 developments, please visit this link.

See omnystudio.com/listener for privacy information.

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).

See omnystudio.com/listener for privacy information.

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 NOT!

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

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 up with the week’s latest news and developments, please visit this link. 

See omnystudio.com/listener for privacy information.

In this episode Andrew and Kim discuss how the high court clarifies when a redundancy is genuine in the context of using contractors.

The scope for exploring whether a job is truly redundant has expanded again with a new High Court decision.

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

In this episode Andrew and Kim discuss The Curious Case of the Victorian Government and Workers’ Compensation.

First, an amending Act to restrict psychological claims and now a Code of Rights protecting workers — what’s next?

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

In this episode Andrew and Tom discuss Directors and Due Diligence: Lessons from the Whitemarsh Case.

Directors are facing significant growth in sentencing for safety breaches - the lessons need to be learned quickly.

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

In this episode Andrew and Nina discuss What is Abandonment of Employment?

Employers are often faced with situations where employees fail to notify their absence, are arrested, or suffer an illness and cannot attend work – but when is such conduct amount to a repudiation of their contract of employment?

Here is this week’s Friday Workplace Briefing Video (link).

See omnystudio.com/listener for privacy information.

At our next Friday Workplace Briefing Andrew and Thomas will be discussing how harshness can override a valid reason, covering the story of a reinstated University professor. A fascinating story about the failure to act promptly on misconduct, and how the Fair Work Commission deals with delays in disciplinary action.

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At our upcoming Friday Workplace Briefing Andrew and Nina Hoang will be discussing Delegates' Rights. Closing the loop has turbo-charged delegates' rights of representation in workplaces — where will it end?

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For this week’s Friday Workplace Briefing Andrew and Nina will be discussing the New NSW bullying regime starting 1 July 2025. NSW’s anti-bullying regime designed to fill the jurisdictional gap goes much further.

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At our next Friday Workplace Briefing Andrew and Thomas will be discussing The High Court, the CFMEU and Administration.

What was the case about, what did the High Court decide and what does it mean to the implied constitutional right of freedom of political expression?

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For our next Friday Workplace Briefing Andrew and Thomas will be discussing the fact that drug and alcohol policies must have thorough consultation and the importance of them being evidence based.

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