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"We have this employee....."

"We have this employee....."

De : CIE Legal
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Bitesize chats on workplace law from HR lawyers Andrew Maher and Ines Balint.CIE Legal Economie Management Management et direction
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  • Episode 4 - ADIA - Managing Workplace Flexibility in a Rapidly Evolving Sector
    Dec 8 2025

    In this episode, Andrew and Ines interview Sarah Campbell, CEO of ADIA (Australian Data and Insights Association), to unpack workplace scenarios and legal issues relevant to the advertising and insights industry. The discussion covers practical case studies, including carers’ leave for sick pets, flexible work arrangements, and the complexities of time off in lieu and overtime under industry agreements.

    Listeners will gain clarity on how annualised salaries, common law set-off clauses, and statutory limits on reasonable additional hours impact both employers and employees.

    The episode offers actionable guidance for navigating legal obligations, avoiding common pitfalls, and managing workplace flexibility in a rapidly evolving sector.

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    34 min
  • Episode 3 - The "Woolworths decision"
    Nov 17 2025

    In this episode, Andrew and Ines unpack the implications of the recent Woolworths decision, which challenges the legality of common law set-off clauses in employment contracts.

    The case revealed that employers can no longer rely on averaging salaries across pay periods to cover award entitlements, as this breaches Section 323 of the Fair Work Act.

    Andrew and Ines identify a number of ways employers can adjust their processes to ensure they operate in-line with the decision and discuss how many employers will need to urgently reassess their salary practices and compliance frameworks.

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    22 min
  • Part 2 - Flexible working request
    Nov 11 2025

    In the second part of this episode looking at flexible working requests, Andrew and Ines explore how employers should respond to flexible working requests. They highlight the need for evidence when refusing on business grounds, the long-term effects of matters reaching the Fair Work Commission, and the importance of clear communication and written agreements. The hosts discuss practical scenarios, including negotiating compromises, setting review periods, and avoiding open-ended arrangements that can create long-term issues for both employers and employees.


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    13 min
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