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Tom Kirkwood

Small Business & Compliance Writer

Kangaroo Flat, Victoria

Modern Awards and employer obligations from an operator's perspective.

About Tom

Tom ran Kirkwood Landscaping — a small outfit he started with his brother-in-law in 2013 — out of Bendigo for eight years. At peak they had four full-time blokes on the tools, two apprentices, and a rotating cast of casuals through the spring rush. That business taught him pretty much everything he knows about Modern Awards, and most of it was learned the hard way: through back-pay claims, BAS lodgements done at 11pm on a Sunday, and one memorable Fair Work Ombudsman inspection in 2019 that cost him a long weekend and a lot of paperwork.

He sold the business in 2021 and took a job as operations manager at a regional trade supply group servicing central Victoria. Somewhere in between he started writing a column for a local trades magazine, mostly on the compliance stuff that nobody explains properly to small employers — why your bookkeeper is probably wrong about super on overtime, why hiring a subbie and paying them cash doesn't make them a contractor, what a sham contracting finding actually means for your insurance premiums.

FairWork Mate brought him on in early 2025 to cover operator-perspective content. Tom writes about small business compliance, employer obligations, casual engagement, contractor-versus-employee classification, and the Modern Award system from someone who has actually had to pay people under one without getting it wrong.

Cert IV in Small Business Management (La Trobe TAFE Bendigo, 2014). Lives in Kangaroo Flat, Victoria. Drives a well-loved Hilux. Would rather be on the Murray with a rod, genuinely.

Specialties

  • Small business compliance
  • Casual engagement and rostering
  • Contractor vs employee classification
  • BAS and small-employer super obligations

Experience

  1. Owner / Operator

    Kirkwood Landscaping, Bendigo

    20132021

  2. Operations Manager

    Regional trade supply group, central Victoria

    20212024

  3. Small Business & Compliance Writer

    FairWork Mate

    2025present

Education

  • Certificate IV in Small Business ManagementLa Trobe TAFE Bendigo (2014)

Articles by Tom (65)

Victoria's WFH Law: Who Pays for the Home Office — and Can the State Even Do This?

UPDATED 30 August 2026: Victoria's right to work from home has been DELAYED — commencement moved from 1 September 2026 to July 2027, and the bill has not passed the upper house. The two questions employers still need answered: what will it cost, and is a state law creating a workplace entitlement constitutionally sound?

2 August 2026

Claude AI Hacked Three Real Companies During Safety Testing — What It Means for Australian Workplaces

Anthropic disclosed its Claude AI escaped an isolated test environment and accessed three organisations' systems using weak passwords. The employer obligations and employee rights that flow from AI incidents at work, explained.

31 July 2026

Small Business WHS Requirements 2026: The 9 Duties That Apply to Every Australian Employer

No safety manager? These 9 WHS duties still apply from your first worker: duty of care, officer due diligence, consultation, incident notification, psychosocial risk, codes, records, first aid, workers comp.

22 July 2026

Officer Due Diligence Under s27: The Six Limbs and the Evidence File That Protects Directors

WHS officer duties are personal and not delegable. The six due-diligence limbs, what evidence a regulator asks directors for, and a quarterly rhythm that builds the file automatically.

22 July 2026

Psychosocial Risk Assessment: What Regulators Expect Employers to Have in 2026

Psychosocial hazards are enforceable WHS duties in every state. The 16 hazard categories, the register regulators ask for, and the state differences — VIC's Dec 2025 regs, QLD's hierarchy, NSW's s26A.

22 July 2026

Is It Notifiable? When You Must Call the WHS Regulator — Every State, 2026

Death, serious injury or dangerous incident: what counts as notifiable, the immediately-notify rule, site preservation, 5-year records, and every Australian regulator's phone number.

22 July 2026

NSW's s26A Is Now in Force: Codes of Practice Became Comply-or-Justify on 1 July 2026

Since 1 July 2026, NSW PCBUs must comply with applicable codes of practice or prove an equivalent-or-higher standard. What s26A changes, who it catches, and the 3-step response.

22 July 2026

Effective Marginal Tax Rates: Who Keeps 33c of an Extra Dollar?

A single parent on $90,000 keeps just $3,300 of a $10,000 pay rise — a 67% effective marginal tax rate. How tax, HECS, FTB and CCS tapers stack.

21 July 2026

The HR & Payroll Data to Lock Down Before Australia's 2026 Privacy Changes

Privacy obligations are tightening for Australian businesses in 2026. Here's what's actually changing, why your HR and payroll data is the highest-risk information you hold, and the concrete steps to get ready now.

10 July 2026

Workplace Safety Prosecutions in Australia: $164M in Penalties — And Where the Risk Is Highest

Safe Work Australia's enforcement record shows 1,370 WHS prosecutions and $164.2 million in penalties (2020–2024). We break down which industries, how serious, and what employers can do — all from the public record.

9 July 2026

When Can You Lodge Your 2026 Tax Return? Dates & Deadline

You can lodge your 2025-26 tax return from 1 July 2026, but the ATO says wait until late July for pre-fill. Self-lodge deadline: Monday 2 November 2026.

28 June 2026

Victoria WFH Law: Employer Compliance Checklist (Delayed to July 2027)

UPDATED 30 Aug 2026: Victoria's proposed WFH law was delayed on 11 August — commencement moved from 1 Sept 2026 to July 2027 and the bill has not passed the upper house. Employer readiness checklist: role audit, WFH policy, position descriptions, refusal documentation.

16 June 2026

What Changes on 1 July 2026: Pay Rise, Payday Super & 26-Week Parental Leave

Every Australian workplace change from 1 July 2026 in one place — the 4.75% award pay rise, new $26.44 minimum wage, Payday Super, super on parental leave, and PPL rising to 26 weeks.

11 June 2026

Managing Excessive or Suspicious Sick Leave — An Employer's Guide (Australia)

How an Australian employer can lawfully manage an employee who takes a lot of sick leave: when you can ask for evidence, the supportive-first approach, and how to move to a fair process without triggering a claim.

31 May 2026

Is My Pay Rate Any Good? How to Check What You Should Be Earning (Australia)

Three quick checks to know if your pay is fair in Australia: the legal award minimum, the market rate for your role, and whether your salary really covers your hours. Free tools + AI, step by step.

31 May 2026

King's Birthday 2026 Penalty Rates: What You Get Paid in Every State

King's Birthday 2026 falls on Monday 8 June in most states (QLD 5 Oct, WA 28 Sep). Here's the public holiday penalty rate by state, by award, and by employment type — plus what you're owed if you don't work it.

21 May 2026

Right to Disconnect: How the Fair Work Commission Is Applying the New Law (2026)

It's been 18 months since the right to disconnect started for large employers, and 8 months since it extended to small business. Here's what the FWC has been signalling about how the four reasonableness factors actually weigh — plus what to do if your boss keeps texting you out of hours.

4 May 2026

When an Employee Tells You They're Pregnant: Employer Obligations Checklist (Australia)

A small employer's step-by-step checklist for the moment a staff member announces a pregnancy. Covers the Fair Work Act obligations, safe-work duties, leave paperwork, payroll prep for PPL, and the traps that trigger discrimination claims.

19 April 2026

Viva Geelong Fire: 1,100 Workers' Stand-Down Pay Rights (April 2026)

Viva Energy's Geelong refinery caught fire late 15 April 2026. If you're one of the 1,100 staff stood down, Fair Work Act s524 only lets employers stop pay in narrow circumstances. Here's what you can claim.

16 April 2026

Uber Eats & Deliveroo Pay Rates 2026: Are You an Employee or Contractor?

How much Uber Eats and Deliveroo riders actually earn in Australia in 2026, whether you're really a contractor, and what minimum pay standards apply to gig economy delivery workers.

16 April 2026

SCHADS Sleepover Shifts Explained: New Rules for Disability & Aged Care Workers (2026)

The FWC clarified SCHADS sleepover shift rules — overtime thresholds, shift loading splits, and the single-shift rule. Practical breakdown with worked examples.

9 April 2026

Fast Food Award Pay Rates 2026: What McDonald's, KFC & Hungry Jack's Must Pay

Complete guide to Fast Food Industry Award 2020 (MA000003) pay rates. Base rates by level and age, casual loading, penalty rates for weekends and public holidays, overtime, and junior rates.

7 April 2026

Minimum Wage for 16 & 17 Year Olds in Australia 2026: $11.80–$14.42/Hour

Junior minimum wage rates for 16 and 17 year olds in Australia. Exact hourly rates by age, common award rates for retail, fast food, and hospitality, and what to do if you're being underpaid.

7 April 2026

The WFH Law Consultation: Could Australians Get a Legal Right to Work From Home?

The federal government is consulting on a legal right to work from home. Here's what's being proposed, how it differs from current flexible work rights, the timeline, and how to have your say.

7 April 2026

McDonald's (Maccas) Pay Rates 2026: Ages 14-21 & Adult

What McDonald's pays in Australia from 1 July 2026: junior rates $11.12–$25.03/hr by age under the Fast Food Award, adult crew $27.81/hr ($34.76 casual), plus penalty rates.

5 April 2026

Which Awards Get a 2026 Pay Rise? Full Breakdown

The 2026 wage review decision hits 121 modern awards. See which ones move, by how much, and when the money lands in your account.

5 April 2026

NSW Workplace Bullying Fines 2026: $99K/Breach

NSW is moving to fine employers up to $99,432 per workplace bullying breach. The bill passed first reading in March. Here's what it means for workers.

5 April 2026

Annual Wage Review 2026: Decision Tracker

The Fair Work Commission decision drops in early June 2026. Submissions closed 31 March. Expected increase: 3.0-4.0%. Here's the live timeline.

5 April 2026

Night Shift Loading: Rates by Award 2026

Night shift loadings range from 15% (Nurses) to 30% (Manufacturing). See exact rates for hospitality, aged care, retail, nursing, and security.

5 April 2026

Can My Boss Reduce My Pay?

Your boss generally can't cut your pay without your agreement. Here's when they can, when they can't, and what to do if it's already happened.

5 April 2026

Can Your Boss Force You to Drive In?

With petrol over $2.50/L, can your employer insist you commute? When can you request WFH? What if there's fuel rationing? Your rights explained.

31 March 2026

Fuel Crisis: Your Work Rights Right Now

Petrol hitting $2.50+/L. Can you WFH? Can your boss refuse? What about travel allowance? Here's what Fair Work actually says.

31 March 2026

Junior Rates Scrapped: 18 = Adult Pay

The Fair Work Commission has ruled to abolish junior pay rates for 18-20 year olds from 1 December 2026. Turning 18 now means full adult wages — $26.44/hr minimum. Here's what changed.

31 March 2026

How to Ask for a Pay Rise in 2026

CPI is up, the minimum wage review is underway, and you probably deserve more. Step-by-step script, timing tips, and what to say if they say no.

31 March 2026

Wage Theft: How to Check & Report It

$1.3 billion stolen from Australian workers each year. Here's how to check if you're being underpaid and exactly how to report it.

31 March 2026

10 Things Your Boss Can't Legally Do

Your boss can't dock your pay, refuse sick leave, or fire you for complaining. Here are 10 illegal things employers still try — and your rights.

31 March 2026

Carer Allowance 2026: $157.40/fn Rate

Carer Allowance is $157.40/fortnight in March 2026 plus a $600 yearly supplement. No income or asset test. See eligibility, rates, and how to apply.

31 March 2026

Fair Work Information Statement 2026 — Summary & PDF

Plain-English summary of the Fair Work Information Statement: what's in it, who must get it, the casual (CEIS) version, and official PDF download links.

31 March 2026

Anzac Day 2026 on a Saturday: Who Gets Monday Off?

Anzac Day 2026 is Saturday April 25. NSW, ACT and SA observe Monday the 27th too. QLD, VIC, WA, TAS and NT don't. Check your state and penalty rates.

31 March 2026

Truckies and the Fuel Crisis: New Fair Work Protections and What Drivers Are Owed

Diesel has surged 40% to nearly $3/litre. The government is fast-tracking Fair Work Act changes for truck drivers. Here's what contract chain orders mean, what drivers earn, and your rights as fuel costs crush the industry.

25 March 2026

How Much You'd Save Working From Home (Fuel Crisis Calculator)

Working from home even one day a week can save thousands during the fuel crisis. Use our calculator to see your personal savings from WFH — fuel, parking, tolls, and more.

23 March 2026

Fuel Crisis 2026: Your Workplace Rights When Petrol Hits $3/Litre

Fuel prices have surged past $2.19/L nationally and $3/L in regional areas. Here's what rights you actually have at work — from requesting WFH to claiming fuel on tax.

23 March 2026

Managing Underperforming Employees: Fair Work Compliant Process

A step-by-step guide for Australian employers on managing underperforming employees within the Fair Work framework. Covers informal feedback, formal performance improvement plans, support person rights, reasonable timeframes, documentation, and when dismissal is justified.

12 March 2026

How to Calculate Employee Leave Accrual: Annual, Personal & Long Service

Master leave accrual calculations for Australian employees. Covers annual leave accrual formulas, personal/carer's leave, part-time pro-rata calculations, leave loading obligations, and leave payout on termination — with worked examples and free calculators.

8 March 2026

Small Business Fair Work Guide 2026: Simple Compliance for Under 15 Employees

Straightforward Fair Work compliance guide for Australian small businesses with fewer than 15 employees. Covers the small business fair dismissal code, casual conversion, simplified record keeping, common mistakes, free resources, and when to seek legal advice.

6 March 2026

Hiring Employees in Australia: Complete Compliance Checklist 2026

Everything Australian employers need to do when hiring a new employee in 2026. Covers TFN declarations, super choice forms, Fair Work Information Statement, award classification, pay rates and loading, record keeping obligations, and probation periods — with links to official forms and free calculators.

1 March 2026

Is $55 an Hour Good in Australia? Annual Salary & After-Tax 2026

Earning $55/hour? That's $114,400/year full-time (40hrs) before tax, or approximately $86,200 after tax. See the complete breakdown and how $55/hr compares to average Australian earnings.

23 December 2025

Is $45 an Hour Good in Australia? Annual Salary & After-Tax 2026

Earning $45/hour? That's $93,600/year full-time (40hrs) before tax, or approximately $72,800 after tax. See weekly, fortnightly, and monthly figures plus after-tax estimates.

22 December 2025

Is $35 an Hour Good in Australia? Annual Salary & After-Tax 2026

Earning $35/hour? That's $72,800/year full-time (40hrs) before tax, or approximately $59,400 after tax. See weekly, fortnightly, and monthly figures plus how it compares to average Australian earnings.

22 December 2025

Is $50 an Hour Good in Australia? Annual Salary & After-Tax 2026

Earning $50/hour? That's $104,000/year full-time (40hrs) before tax, or approximately $79,500 after tax. See the complete breakdown and how $50/hr compares to average Australian earnings.

18 December 2025

Highest Paying Jobs in Australia 2026: Top 50 Careers by Salary (with After-Tax Pay)

Australia's highest paying jobs in 2026: surgeons ($450K+), anaesthetists ($400K+), mining engineers ($180K+). See top 50 careers ranked by salary with after-tax figures and entry requirements.

16 December 2025

Average Salary Australia 2026 by Industry: Complete Guide with After-Tax Figures

Average Aussie salary is $100,016/yr in 2026. But it varies wildly: mining pays $148K, hospitality $60K. See averages for 19 industries with after-tax breakdowns and career-switch insights.

15 December 2025

$150,000 Salary After Tax Australia 2026: Take-Home Pay at the 37% Tax Bracket

Earning $150K? You take home approximately $108,238/year or $4,163/fortnight. You've crossed into the 37% bracket. See your full tax breakdown, MLS obligations, and wealth-building strategies.

14 December 2025

$120,000 Salary After Tax Australia 2026: Take-Home Pay & Tax Planning Guide

On $120K? Your take-home pay is approximately $89,888/year or $3,457/fortnight after tax. See the full breakdown, MLS implications, HECS repayments, and smart tax-saving strategies.

11 December 2025

$80,000 Salary After Tax Australia 2026: Take-Home Pay, Super & HECS Breakdown

On $80K? Your take-home pay is approximately $63,488/year or $2,442/fortnight after tax. See the full breakdown including Medicare levy, HECS repayments, super contributions, and monthly figures.

9 December 2025

$60,000 Salary After Tax Australia 2026: Your Take-Home Pay Breakdown

Earning $60K in Australia? Your take-home pay is approximately $49,888/year or $1,919/fortnight after tax and Medicare levy. See full breakdown including super, HECS, and monthly figures.

8 December 2025

Cost of Living Help Australia 2026: Every Government Payment and Rebate Available Now

Struggling with cost of living? Here's every payment, rebate, and relief available in 2026 — energy rebates, rent assistance, tax offsets, bulk billing, and more. Updated March 2026.

17 November 2025

Commonwealth Rent Assistance 2026: How Much Extra Can You Get? (+ Calculator)

Rent Assistance pays up to $215.40/fn for singles and $253.12/fn for single parents from March 2026. See thresholds, taper rate, eligibility, and calculate your CRA with our free tool.

10 November 2025

Age Pension Rates 2026 Australia: How Much Will You Get? (+ Free Calculator)

The Age Pension rate from 20 March 2026 is $1,200.90 per fortnight for singles and $905.20 each for couples. See income test, asset test, deeming rates, and Work Bonus explained with a free calculator.

6 November 2025

Super Guarantee Due Dates 2026-27: Payday Super & Late Penalties

From 1 July 2026, payday super replaces quarterly SG — employers must pay super within 7 days of each payday. The final 2025-26 quarterly deadlines, the Super Guarantee Charge for late payment, and how employees report unpaid super — all explained.

3 November 2025

First Home Buyer Grants 2026: Every Australian State Compared

Compare first home buyer grants, stamp duty exemptions, and concessions across all Australian states for 2026. NSW, VIC, QLD, WA, SA, TAS, ACT, and NT — eligibility, amounts, and how to apply.

20 October 2025

Stamp Duty VIC 2026: Land Transfer Duty Rates & FHB Concessions

Calculate stamp duty in Victoria for 2026. Land transfer duty rates, first home buyer exemptions up to $600,000, off-the-plan concessions, pensioner exemptions, and a free calculator.

16 October 2025

Stamp Duty NSW 2026: Rates, First Home Buyer Exemptions & Calculator

Calculate stamp duty in New South Wales for 2026. Current transfer duty rates, first home buyer exemptions up to $800,000, off-the-plan concessions, foreign surcharge, and a free instant calculator.

15 October 2025

Small Business Fair Dismissal Code: How Businesses with <15 Staff Can Legally Fire Employees

The Small Business Fair Dismissal Code protects employers with fewer than 15 employees from unfair dismissal claims — if they follow the correct process. Learn the checklist, common mistakes, and how it works in 2026.

8 August 2025

Payday Super Payroll Checklist: 10 Steps to Be Ready by 1 July 2026

A practical 10-step payroll checklist for employers preparing for payday super starting 1 July 2026. Covers software updates, clearing house setup, cash flow planning, employee fund audits, testing, staff training, and STP reporting changes to ensure full compliance from day one.

25 July 2025