Workplace law for your business
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Here’s what you can expect from us:
Exceptional communication
We’ll keep you in the loop at every stage of your legal issue.
Understanding your business
Because if it’s important to you, it’s important to us.
Working in partnership with you
So that you receive the service that’s right for your business.
Setting the bar high
Meeting your expectations is good, but exceeding them is even better. That’s where we’re aiming.
Change and growth
Change is an excellent strategy for growth, and it helps us focus on your goals.
The bottom line?
Brilliant legal services tailored for you. No legal jargon. Just great advice, when you need it.
About Jodie Bradbrook
If we were into clichés, we’d say that firm principal Jodie Bradbrook is a plain-talking, sharp-shooting, pull-no-punches kind of lawyer. But instead, we’ll just say that she’ll tell you how it is, whether you like it or not.
She’s frank and fearless. That’s what her clients are paying for and that’s exactly why they’re her biggest fans. With years of specialised experience in workplace law and a clientele spanning most industries, Jodie has cemented her reputation as one of South Australia’s finest workplace lawyers.
Latest News from Bradbrook Lawyers
Employment set-off clauses are in doubt after Federal Court decision
On 5 September, the Federal Court handed down a decision in the Fair Work Ombudsman’s case against Woolworths and Coles, with major implications for employers who use set-off clauses in salaried employment contracts. Traditionally, set-off arrangements have allowed above-award payments in some pay periods to make up for under-award payments in other pay periods. But according to this decision, things have changed significantly!
The Court found:
- Salaries must meet award requirements in each pay period;
- Over-award payments can’t be pooled to set off any under-award payments; and
- Any failure to record overtime hours for salaried employees is in breach of Fair Work laws (even for above-award payments).
For your organisation, this means:
- Set-off clauses must meet award requirements in every pay period;
- You must keep full records of overtime hours worked, including for salaried employees; and
- There’s a risk of underpayment claims from employees whose contracts have set-off arrangements.
This decision conflicts with an earlier Full Court finding (in April this year) that employers could rely on set-off arrangements. Given the significant financial consequences for Woolworths and Coles, we are hoping that this decision will be appealed.
In the meantime, it’s critical that your organisation urgently review its contracts, payroll processes, and record-keeping. You must ensure that all employees (even those on a salary) are paid at least what they would be entitled to receive under the relevant award in every pay period.
We will be watching this decision closely and will let you know when anything changes.
FWC Wage Decision 2025
Modern Awards and the National Minimum Wage will increase by 3.5%. Apprentice and Trainee rates will increase proportionately.
This increase will apply from the 1st pay period after 1 July 2025.
Employers will need to review their employee wages to determine whether the increase needs to be passed on for those who are paid an above Award rate.
Those employees paid minimum wages under the Award must have the increase passed on.
Employers with EBAs need to review them to ensure the base rate of pay is equal to the new minimum under the Award.
If you require assistance, please contact us.
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