Australia: Employee Rights/ Labour Relations

In this special crossover episode of Inside Employment and Inside Safety, Steve Bell, Tony Wood and Lucy Boyd explore the increasingly complex regulatory landscape facing Australian employers and the growing scrutiny from workplace, safety and human rights regulators.

New South Wales has introduced mandatory compliance with minister-approved codes of practice under section 26A of the Work Health and Safety Act 2011, requiring businesses to either follow published codes or implement equivalent or higher safety standards. This legislative change exposes non-compliant businesses to separate penalties beyond existing duty of care obligations, marking a significant shift from the previous evidentiary role of codes in most Australian jurisdictions.

Generative Artificial Intelligence seems to be everywhere. If you think your business may be immune, your staff are likely not telling you how they are using it.

Cooper Grace Ward's workers' compensation podcast examines the Court of Appeal case Cootharinga North Queensland v Wolfs, where special counsel Damien Jarrett and senior associate Kim Villis analyze how the risk of injury must be clearly identified in statements of claim. The discussion reveals the practical challenges posed by broadly pleaded claims and their impact on trial preparation, costs, and case management efficiency.

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.

Victorian Premier Jacinta Allan has introduced the Equal Opportunity Amendment (Work from Home) Bill 2026, which would create a statutory right for employees to work from home at least two days per week, where it is reasonable to do so.

When a workers compensation claim for psychiatric injury is declined by an employer citing 'reasonable administrative action,' the decision can be challenged beyond the initial tribunal review.

Recent sexual harassment decisions show that aggressive defence strategies can lead to victimisation and aggravated damages.

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.