E.L Blue Pty Limited

01/07/2026

Victoria just legislated a right to 2 days WFH from 1 September — and the part most employers are glossing over is the WHS and set-up cost obligations.

If you approve the arrangement, similar to the COVID times, you're on the hook for reasonable costs: equipment, software, secure system access. Not a suggestion. Not a negotiation. A legal requirement.

We have spoken to business owners who assumed WFH meant the employee's responsibility. It doesn't anymore — at least not in Victoria, and other states are watching closely.

"Flexible" doesn't mean free. If you run a business in Victoria, have you actually costed what your WFH approvals will mean from September?

29/06/2026

A Sydney commercial diver just won his job back — and the employer has to rehire him and pay every dollar he missed since December.

The Fair Work Commission's decision (handed down June 9, 2026) is a textbook lesson in what happens when you blur two very different processes.

Moataz Moubarak was dismissed by McLennans Diving Service, a small marine operator. The employer said it was redundancy — lack of available work. But in the same breath, management told him they'd only keep him on if he showed "clear alignment with the goals of the directors" and warned that "withholding labour" would mean instant dismissal.

Deputy President Boyce read that for what it was: a conduct issue wrapped in redundancy language. And on conduct, the employer had done almost nothing the law requires.

Here's what the Commission found — and what it means for you:

Pick a lane. Redundancy and conduct are separate legal processes with separate obligations. Mixing them in the same conversation, for the same dismissal, is a fast track to an unfair dismissal finding.

If it's redundancy, consult. You must notify, consider redeployment, and follow your award obligations. A verbal conversation saying "not enough work" doesn't cut it.

If it's conduct, say so — in writing, clearly, with a genuine opportunity to respond. The employee must know their job is at risk. "We're disappointed in your attitude" is not a warning.

"We don't have an HR person" is not a defence. The Commission was direct: the absence of an HR specialist does not excuse an employer from basic procedural fairness, even in a business of two to six people.

The employer reinstated the diver and compensated him for lost earnings from time of dismissal to reinstatement !! That outcome was avoidable.

If you're unsure whether your dismissal process would hold up, let's talk before you act. E.L. Blue — www.elblue.com.au

17/09/2025

Flexible Working Arrangements !!

Asking for flexible working arrangements are a right granted under the Fair Work Act.

Employers are required to consult and respond in writing to written requests within 21 days.

Consultation might result in acceptable alternatives being identified or that the employer has to refuse the request.

To refuse requests employers must show reasonable grounds which could include some of the following;

- Excessive costs to the business
- Inability to reorganise work among staff
- Significant impact on productivity or customer service
- Lack of capacity to accommodate the request (e.g., role must be onsite)

Following an established and document process reduces the risk of future claims.

Feel free to get in touch with E.L Blue if you require HR support.

www.elblue.com.au [email protected]

27/08/2025

Small Business HR Update
As of 26th August, two additional pieces of employment legislation apply to Small Businesses (under 15 employees).

Employees Right to Disconnect – gives employees the right not to respond to contact from their employer outside usual work hours.

Employee Choice Pathway – provides casual employees the right to advise the employer of their intention to move to a permanent role if their employment no longer meets the casual definition.

Both these rights could have an impact on ‘small’ businesses.

Get in touch with E.L Blue if you need some HR support.
www.elblue.com.au

25/02/2025

For employers, employing non-residents can be pretty confusing at the best of times.

All employers are required to ensure their employees have working rights, and ensuring visas are valid and current needs constant monitoring, especially for larger employers or employers that have a high turnover of staff.

One needs to keep a keen eye on the Dept of Immigration website to keep up to date on regulatory and visa condition changes. Different visa categories and even different grants have a number of conditions that can impact employers.

There have been some regulatory changes worth reviewing, a new Core Skills Occupation list has been issued, sponsored employees have longer to find a new sponsor if they leave a company and new pathways to a permanent visa are opening up.

Check out this article for a full break down.

The latest rounds of reform to Australia’s migration system present both challenges and opportunities for employers.

11/09/2024

The right to disconnect legislation is in effect and it is worth ensuring managers, supervisors and employees are clear on what it means for your organisation.

I think the key is as quoted here

“It’s not like there’s a penalty for someone who sends an email out of normal working hours. It just means the employee carries the right not to respond. And if they exercise that right, they can’t be penalised for it,” Dr Gabrielle Golding, Senior Lecturer at Adelaide Law School

This is however dependant on the role and responsibilities of the individual, which does need to be specified.

This article is a good starting point to ensure your organisation is compliant.

The Right to Disconnect has officially come into effect. To ensure organisations maintain compliance, the government has released guidance for employers.

10/09/2024

Need some Human Resource management support ?

No matter the size of your business, once you have an employee, human resource management becomes important.

E.L Blue provides dedicated HR support to small and medium sized businesses by placing an outsourced HR business partner with the business. E.L Blue’s HR business partners take on the HR management function and become part of the management team.

E.L Blue’s HR business partners are located in WA, NSW, QLD & VIC and work remotely or on-site.

29/08/2024

The intelligence gathering capacity of the recruitment / talent acquisition function is often under utilised.

As an external recruiter I recall many instances where I have had very candid conversations with candidates about the clients I was working for, their reputation, the product, how the market viewed the products, and market rumours what their sales / marketing teams had been doing (good and bad) etc. In many cases we fed this back to the client for action.

Working as an internal recruiter, while one must take into account commercial confidential information, candidates can be an excellent source of competitor information, market trends, product / service offerings and the like.

Considering ways to funnel market information that can be learned from the recruitment team into the company as a whole, could be very beneficial.

In the bustling world of corporate strategy, one department often finds itself pigeonholed into a narrow role: Talent Acquisition (TA). Ask most executives about TA's value, and you'll hear a familiar refrain: "They fill our open positions.

15/08/2024

Demand for IT professionals continues its downward slide - down 11% this month, oddly after a 5% increase the month before. It is only the solid demand in NSW that has ensured IT demand was not in a state of free fall.

High double digit drops in all the other states reflects the cooler levels of executive demand for the IT sector.

Go here for the full EL Index https://buff.ly/4dvFvnT

14/08/2024

Demand for marketing professionals is up 1% nationally, with substantial up-side in most of the smaller states.

While traditionally very volatile, the trend line for marketing professionals has remained fairly flat over the last few years.

We believe this shows the confidence in most sectors and a willingness to trade through this difficult external environment.

Get the full report here https://buff.ly/4dvFvnT