Australia: Employment and HR

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Sexual Harassment Investigations In Victoria: Key Investigation Tips For Employers
Recent developments in workplace safety and discrimination laws have fundamentally transformed sexual harassment investigations beyond simple fact-finding exercises. Investigators must now navigate complex requirements spanning procedural fairness, psychosocial safety obligations, and trauma-informed practices while managing competing pressures and legal risks that can arise from poorly conducted investigations.
Australia Employment
GC
Gilchrist Connell
Article
Restraining Restraints: Australia’s Post-Employment Shake-Up
The Australian Labor Government has released draft legislation that would fundamentally reshape how employers can use non-compete clauses in employment contracts. This proposed reform would prohibit non-compete restrictions for employees earning below $190,100 and impose new limitations on all post-employment restraints, potentially marking the most significant recalibration of Australian restraint of trade law in decades.
Australia Employment
SS
Seyfarth Shaw LLP
Article
Protecting Your Business - Getting Ready For Significant Change With Post-employment Restraints
The Australian Federal government has introduced the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026, which proposes to fundamentally reshape post-employment restraints by outlawing non-compete clauses for employees earning below $190,100 and banning co-worker non-solicitation clauses entirely. These sweeping reforms will significantly impact how businesses protect their investments in talent, client relationships, and confidential information, requiring employers to
Australia Employment
BP
Bartier Perry
Article
Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI
The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
Australia Employment
HR
Holding Redlich
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Contract of Employment

Article
Restraining Restraints: Australia’s Post-Employment Shake-Up
The Australian Labor Government has released draft legislation that would fundamentally reshape how employers can use non-compete clauses in employment contracts. This proposed reform would prohibit non-compete restrictions for employees earning below $190,100 and impose new limitations on all post-employment restraints, potentially marking the most significant recalibration of Australian restraint of trade law in decades.
Australia Employment
SS
Seyfarth Shaw LLP
Article
Protecting Your Business - Getting Ready For Significant Change With Post-employment Restraints
The Australian Federal government has introduced the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026, which proposes to fundamentally reshape post-employment restraints by outlawing non-compete clauses for employees earning below $190,100 and banning co-worker non-solicitation clauses entirely. These sweeping reforms will significantly impact how businesses protect their investments in talent, client relationships, and confidential information, requiring employers to
Australia Employment
BP
Bartier Perry
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Discrimination, Disability & Sexual Harassment

Article
Sexual Harassment Investigations In Victoria: Key Investigation Tips For Employers
Recent developments in workplace safety and discrimination laws have fundamentally transformed sexual harassment investigations beyond simple fact-finding exercises. Investigators must now navigate complex requirements spanning procedural fairness, psychosocial safety obligations, and trauma-informed practices while managing competing pressures and legal risks that can arise from poorly conducted investigations.
Australia Employment
GC
Gilchrist Connell
Article
Your Rights Surrounding NDAs Involving Sexual Harassment At Work As An Employee
Victorian laws now restrict how Non-Disclosure Agreements can be used in workplace sexual harassment cases, introducing six mandatory preconditions that employers must meet before an NDA can be validly entered into. These new protections aim to address power imbalances and prevent employees from being coerced into silence, while giving workers the right to terminate NDAs after 12 months and speak to police, medical professionals, and lawyers without breaching confidentiality.
Australia Employment
CO
Carroll & O'Dea
Article
Gillham Ruling Highlights Importance Of A Clear Policy Regarding Political Messages
The Federal Court's decision in Gillham v Melbourne Symphony Orchestra examines whether state anti-discrimination laws constitute 'workplace laws' under the Fair Work Act, and whether expressing political opinions during a performance can trigger general protections. This case explores the boundaries of contractor protections and the interplay between federal workplace legislation and state-based discrimination laws.
Australia Employment
HR
Holding Redlich
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Retirement, Superannuation & Pensions

Article
Understanding Special Disability Trusts: A Guide For Families
For families caring for a person with a severe disability, understanding how to provide long-term financial security while maintaining access to social security benefits presents unique challenges. Special Disability Trusts offer a structured legal solution with significant asset-test exemptions and gifting concessions, but navigating the complex eligibility requirements, compliance obligations, and determining whether this structure suits your family's circumstances requires careful consideration.
Australia Family
CG
Coleman Greig Lawyers
Article
Hidden Liabilities In Contractor Arrangements
The High Court's Personnel Contracting decision fundamentally changed how businesses must assess worker relationships, revealing that ABNs and contractor agreements alone don't determine employment status. When the ATO or state revenue authorities reclassify these arrangements, businesses face retrospective liabilities across PAYG withholding, superannuation, and payroll tax that can transform healthy balance sheets into insolvency scenarios.
Australia Employment
W
Worrells
Video
It Depends – Can A Limited Recourse Borrowing Trust Acquire More Than One Asset? (Video)
Under Australian superannuation law, limited recourse borrowing arrangements typically require separate bare trusts for each asset acquired by an SMSF. However, certain exceptions allow multiple assets to be held in a single bare trust, including identical assets purchased simultaneously, permanent fixtures spanning multiple titles, and assets legally required to be dealt with together. Understanding these nuanced rules is critical to avoid serious compliance, tax, and duty implications.
Australia Wealth Mgt
CG
Cooper Grace Ward
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Unfair/ Wrongful Dismissal

Article
Workplace Investigations And Decision Makers: What Employers Can Learn From Totino v Metro Trains
The Full Court of the Federal Court has clarified critical procedural requirements for employers managing medical incapacity terminations and defending general protections claims. This landmark decision addresses when workplace relations advisers must give evidence in proceedings and whether show cause letters constitute unlawful threats under the Fair Work Act.
Australia Employment
GC
Gilchrist Connell
Article
No Vacancy? No Excuse: High Court Clarifies Reasonable Redeployment Considerations (Helensburgh Coal Pty Ltd v Bartley & Ors [2025] HCA 29)
The High Court's decision in Helensburgh Coal Pty Ltd v Bartley & Ors examines whether employers must consider restructuring their workforce arrangements, including labour hire and outsourcing, when assessing redeployment options during redundancies. This landmark ruling clarifies the Fair Work Commission's authority to scrutinize operational decisions and workforce composition when determining if a dismissal constitutes genuine redundancy under the Fair Work Act 2009.
Australia Employment
CG
Coleman Greig Lawyers
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Latest Videos

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