Australia: Employment and HR

Employees aged 55 and over have a statutory right to request flexible working arrangements under the Fair Work Act. However, simply meeting the age requirement is not enough.

Victoria's proposed Equal Opportunity Amendment (Work from Home) Bill 2026 would establish a statutory right for eligible employees to work remotely up to two days per week, fundamentally shifting the balance of workplace flexibility from employer discretion to employee entitlement. The legislation creates a cascading framework of obligations that requires employers to accommodate remote work arrangements unless they can demonstrate specific, prescribed impacts that meet statutory thresholds.

The FWC decision in Haque v dnata highlights the risk of treating absence as abandonment. Employers should focus on the employee’s conduct and follow a clear termination process.

A Federal Circuit and Family Court decision has established that contractors and customers can be held liable for sexually harassing employees under the Fair Work Act's 2023 provisions. The case resulted in $103,000 in damages and demonstrates how workplace sexual harassment laws extend far beyond traditional employer-employee relationships to encompass all work-connected interactions.

Recent decisions of the Fair Work Commission (Commission) offer timely and practical guidance for employers navigating one of the most sensitive aspects of the employment relationship — termination.

The Full Federal Court's decision in Giggle for Girls Pty Ltd v Tickle clarifies the framework for establishing gender identity discrimination under the Sex Discrimination Act 1984, determining that exclusion based on appearance characteristics that appertain to transgender women constitutes direct rather than indirect discrimination. The ruling has sparked debate about proposed legislative reforms that would define 'man' and 'woman' strictly by biological sex at birth, potentially impacting transgender rig

The Fair Work Commission has announced significant changes to employment law taking effect from July 2026, including increases to the National Minimum Wage and award wages, adjustments to unfair dismissal thresholds, and new requirements for superannuation payments. These changes will impact employers across Australia, requiring careful review of obligations under modern awards and enterprise agreements to ensure compliance and avoid penalties.

The Australian government's 2026 federal Budget introduced significant changes to self-managed superannuation fund (SMSF) borrowing rules, restricting property purchases to 'business real property' only. Understanding the strict conditions, cutoff dates, and exemptions for existing arrangements is crucial for SMSF trustees considering property investments. This analysis explores what the new borrowing ban means for residential real estate purchases and how it affects current SMSF property holders.

Several key workplace reforms will come into effect from 1 July 2026, with implications for employee entitlements, payroll processes and workforce planning.

The Fair Work Commission has announced significant changes to employment law taking effect from July 2026, including increases to the National Minimum Wage and award wages, adjustments to unfair dismissal thresholds, and new requirements for superannuation payments. These changes will impact employers across Australia, requiring careful review of obligations under modern awards and enterprise agreements to ensure compliance and avoid penalties.

Significant workplace relations changes are set to take effect from 1 July 2026, impacting both employers and employees across Australia.

The NSW Government faces a complex challenge in regulating employee social media activity, particularly when public sector workers engage in political commentary outside of work