On 5 September 2025 the Federal Court handed down its judgement in the Coles and Woolworths underpayment case. The decision dealt with two questions regarding award covered staff who are paid an annual salary: Can an employer use extra salary paid in one period to cover award shortfalls in another, and do employers still need to record overtime for award covered salaried staff?
A commercial lease is more than a document that gives you the right to occupy a space. It is a strategic tool that shapes the financial and operational relationship between landlord and tenant. Get it right, and it can support a stable and productive business relationship. Get it wrong, and you may face costly disputes, unexpected liabilities, and limited options to exit or adapt.
Legal costs are often viewed as a necessary evil, an overhead to be kept low and called upon only when things go wrong. But many successful contractors are flipping that model on its head. By embedding legal expertise into their project teams from the outset, they’re not just avoiding disputes, they’re protecting margin, improving recoveries, and driving profitability across the life of the project.
For small construction businesses, staying solvent can be a balancing act. Delays in payments, rising material costs, underpriced contracts, or one failed project can create a domino effect that quickly leads to financial distress.
Adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is designed to be fast and decisive. But speed comes at a cost: SOPA imposes unforgiving deadlines and technical requirements that can catch even seasoned operators off guard.
Selling a construction business is a big step that you might only get to do once. The last thing you want is for the deal to fall through or for a buyer to slash the price because a nasty surprise pops up during due diligence.
If you engage individual workers as contractors, it’s important to make sure they’re not employees in the eyes of the law. Improperly characterising employees as contractors exposes businesses to backpay claims for employment entitlements such as leave, allowances and overtime as well as breaches of any applicable Modern Award.
When a staff member is sick or injured for an extended period employers must balance compassion and compliance. There may come a point where the employer’s operational requirements require a role to be fulfilled.
