Australia: Contract of Employment

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

The Australian Government has released draft legislation proposing to ban non-compete clauses for workers earning below the Fair Work Act high-income threshold, currently $190,100 per year. The reforms are not yet law and are intended to commence in 2027, subject to legislation passing Parliament.

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.

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.

Each episode arms human resources, industrial relations and legal professionals with the latest industrial relations thinking.

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 released the 2026 Public Sector Workplace Relations Policy on 3 June 2026, setting parameters for enterprise bargaining across the Commonwealth public sector including APS and Non-APS agencies.

The Australian Public Service Commission has released comprehensive guidance on artificial intelligence use in APS recruitment, establishing clear principles for both agencies and candidates.

Employees can bring underpayment claims under three different frameworks depending on the source of their entitlement: an employment contract, a modern award or an enterprise agreement, each with its own process, forum and remedies available.