Australia: Contract of Employment

After a workplace injury, returning to work often requires suitable duties that accommodate your certified capacity and medical restrictions. Understanding your employer's obligations to provide modified work arrangements and your rights when suitable duties are refused is crucial for a successful return to work process.

The Australian government plans to prohibit non-compete clauses for workers earning below $190,100 from 2027, fundamentally reshaping how employers protect confidential information and customer relationships. With draft legislation expected in 2026, organisations face a critical window to review employment contracts and develop alternative workforce protection strategies. What steps should employers take now to prepare for these sweeping reforms to post-employment restraints?

After five years of continuous service in New South Wales, employees may qualify for pro rata long service leave payments under specific circumstances—even before reaching the standard 10-year threshold. Understanding when these entitlements arise, particularly in cases of illness, incapacity, or pressing necessity, can significantly impact both employees facing career transitions and employers managing termination obligations.

The Western Australian Court of Appeal has ruled that a 'demotion' under workers' compensation law does not require active employer conduct, confirming that the objective fact of reduced employment status—whether through action or inaction—can trigger stress claim exclusions.

This briefing note sets out a detailed overview of the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic) (the Act), which commences on 1 July 2026.

Victoria's proposed Equal Opportunity Amendment (Work from Home) Bill 2026 seeks to establish a statutory right for eligible employees to work from home two days per week, with employers required to cover reasonable costs and equipment. The legislation outlines specific exemptions, reasonableness factors for employer refusals, and a dispute resolution process through the Victorian Equal Opportunity and Human Rights Commission.

Australian small and medium businesses face growing payroll compliance risks driven by award complexity and increased employee scrutiny of wages using AI tools.

A case heard in Victoria concerned a finance executive who was taken to court by her former employer after she resigned and went to work for a competitor.

The Australian Government has announced its intention to ban the use of non‑compete clauses for employees earning below the high‑income threshold.