Working Knowledge Podcast

17/10/2025

In this week's podcast we take a quick look at the Federal Court's decision in FWO v Woolworths Group Limited; FWO v Coles Supermarkets Australia, as well as going through the 'Good, the Bad and Ugly' of employment law for the past week.

This is a brief overview of the case in 'laymans' terms for employers looking to understand how their obligations may have changed.

https://open.spotify.com/episode/1VW9dqYs58qVBbrdSVS5kX?si=0HYEjk7wRjak5nzJgV-DZw

Working Knowledge: the Employment Law Podcast · Episode

25/07/2023

The two Coopers Brewery sacked anti-vax workers who originally lodged an unfair dismissal claim, followed by an application for judicial review which was dismissed by the Federal Court, have won the right to extend the time for lodging an appeal to the Federal Court. They were 19 days late on the notice of appeal.

In making the order, Justice Besanko reviewed the merits of the applicants case in very broad terms, and concluded that "it cannot be said that the appeal has no reasonable prospects of success."

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2023/797.html

Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.

18/07/2023

A tree removal company has been ordered to pay a fine exceeding $2 million following the death of a worker who was fatally injured while operating a defective woodchipping machine. The company was found guilty of breaching work health and safety obligations. The equipment had multiple defects, and the company had neglected to conduct a risk assessment or provide sufficient training and supervision to its workers. The judge deemed the potential harm to the worker as extreme, leading to the imposition of the substantial fine.

The record fine was handed down in the NSW District Court after a worker was pulled into a woodchipper that had known defects in 2019.

18/07/2023

2 employees will receive $200K in compensation from their employer for being deliberately sacked as a result of becoming union delegates. The Court found that the sackings implied severe consequences for other employees who engaged with unions.

Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.

17/07/2023

The Fair Work Ombudsman is taking legal action against Bakers Delight Holdings, alleging it is responsible for significant underpayments at three Hobart stores. It is claimed that $1.25 million was underpaid to 142 staff members between July 2017 and October 2020. The FWO asserts that Bakers Delight Holdings should be held liable for $642,162 of the underpayments since February 2019, as it was aware of the issue but did not take preventative action.

The workplace watchdog says the baked goods chain knew its franchisee stores were underpaying staff but failed to stop them.

17/07/2023

The FWC upheld the dismissal of an employee who colluded with his mother to steal a $400 hard drive and subsequently falsified a story to cover up the theft. The FWC found the employers decision justified noting the employee's behaviour as unreliable and self-serving.

16/07/2023

The FWC has determined that a DoorDash food delivery driver is an independent contractor, citing similarities to the landmark ruling involving Deliveroo. The FWC found factors such as control, delegation, and equipment strongly supported the conclusion that the driver was an independent contractor. The ruling reinforces the principle that contractual terms take precedence over the performance of work.https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwc1683.pdf

13/07/2023

BHP is challenging a Federal Court ruling that clarified employees' rights to refuse working on public holidays. The court found BHP unreasonably required employees to work on Christmas holidays in 2019, violating Fair Work Act obligations. Facing back-paying nearly 30,000 workers a total of more than $400 million, BHP is seeking the High Court’s review of this ruling.

BHP has warned that a ruling requiring bosses to ask staff if they want to work public holidays threatens uncertainty for retail, hospitality, health, transport and mining.

13/07/2023

Cheesecake Shop former employees, including 3 migrant workers, allege underpayment of over $1M, exposing issues with employer-sponsored visas & migrant system. Migrant workers fear reporting underpayment risks residency, perpetuating unequal power dynamics.

The Cheesecake Shop is one of the country’s most well-known cake bakeries. But now four former workers from one store have alleged they were underpaid more than a million dollars.

11/07/2023

An employer failed to convince the FWC that their worker voluntarily resigned, instead the FWC found the employer terminated the employee after an unsatisfactory discussion for dismissal and therefore the dismissal was 'disproportionate and harsh'.