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In this issue, we examine the Federal Court’s decision in B.M.D. Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union (No 3) [2026] FCA 169, which offers practical guidance for principal contractors on managing union right of entry visits and building an evidentiary record for enforcement action. We also consider new NSW legislation imposing expanded WHS obligations on employers who use digital work systems (including algorithms, AI and online platforms) and the significant right of entry powers that accompany those obligations. Finally, we look at the limits of discretionary bonus clauses and the legal risks that arise where a refusal to pay is arbitrary or unreasoned.