Australia: Contract of Employment

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.

The Fair Work Commission's Full Bench has published its decision on working from home arrangements for clerical employees, introducing a facilitative clause that maintains the current status quo. While the new clause formalizes the process for employees to request remote work arrangements, it notably rejects union proposals for a broad 'right to request' and employer proposals to significantly widen ordinary working hours, affirming that existing flexible work arrangements are largely functioning

The NSW District Court awarded the State a complete indemnity against a former teacher following a $755,000 settlement of an institutional child sexual abuse claim.

Employers who require employees to work from the office, who have historically worked from home and have children, may find their efforts frustrated by successful applications for flexible work arrangements...

When parents separate in NSW, demanding work schedules—whether FIFO rosters, shift work, or frequent travel—raise immediate concerns about custody arrangements. Does a busy career weaken your parenting case, or can the right legal strategy protect your time with your children while maintaining professional commitments?

The annual wage review decision was handed down this morning, with the Fair Work Commission deciding to increase the national minimum wage and award minimum wage rates by 4.75% from 1 July 2026.

Australian employers face expanded workplace incident reporting obligations under new notification laws that broaden the scope of reportable events to include extended absences, work-related self-harm, violent incidents, and an enhanced definition of serious injuries. Understanding these changes and implementing robust tracking and reporting systems will be critical for compliance once states and territories adopt the amended model Work Health and Safety laws.

This briefing note sets out an overview of the Full Federal Court's decision in Reiche v Neometals Ltd [2026] FCAFC 53. The decision is significant as the first appellate authority to consider...