UpdatesPodcastsWe Have This Employee...The “Woolworths decision” | Season 1 | Episode 3

The “Woolworths decision” | Season 1 | Episode 3

17 November 2025

Overview

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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This content is provided for reference only and may not be current on the date of access. It does not constitute legal advice and should not be relied upon as such.

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