Australia: Employment and HR

In Part 2 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck continue their discussion on the evolving enterprise bargaining landscape...

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.

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.

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.

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.

Recent amendments to the Industrial Relations Act 1996 (NSW) (Act), have significantly expanded victimisation provisions, which are set to have a direct impact on employers, including local and state government entities. This article aims to highlight relevant legislation, provide practical steps and examples to support compliance and risk management.

Recent legislative changes have restricted how self-managed superannuation funds can use limited recourse borrowing arrangements, particularly for residential property acquisitions. Business owners and primary producers may still leverage these arrangements to acquire commercial premises and farming land through their SMSFs. Understanding the new definition of business real property and available investment options is crucial for SMSF trustees navigating these regulatory changes.

On 24 August 2026, ASIC released its 2026-2027 Corporate Plan, announcing that it is committed to being easier to deal with for those trying to comply with the law, while being harder to avoid for those causing harm.

Understanding the specific requirements for a company to qualify as a special purpose superannuation trustee company is crucial for accessing reduced ASIC annual renewal fees. Senior associate Keeghan Silcock explains the two essential conditions: the company's constitution must expressly prohibit income or property distribution to members, and the company must act solely as trustee of a regulated superannuation fund.

Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.

The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.

When an employee stops attending work without explanation and doesn't respond to contact attempts, can an employer treat this as 'abandonment of employment'? The Fair Work Commission's recent Haque decision raises important questions about whether such situations constitute dismissal at the employer's initiative, potentially challenging established precedent and creating new risks for employers managing unexplained absences.