Australia: Employee Rights/ Labour Relations

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Redundancy Consultation Obligations: No Shortcuts For Small Businesses
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.
Australia Employment
CG
Cooper Grace Ward
Article
Gillham Ruling Highlights Importance Of A Clear Policy Regarding Political Messages
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.
Australia Employment
HR
Holding Redlich
Article
Can I Return To Work While I Am Receiving Workers Compensation Benefits?
Injured workers in New South Wales often wonder whether they can continue receiving workers compensation benefits while returning to their job. The workers compensation scheme actively encourages safe return to work where medically appropriate, but the process involves careful management of medical certificates, suitable duties, injury management plans, and rehabilitation providers to ensure both recovery and proper benefit calculations.
Australia Employment
CO
Carroll & O'Dea
Article
When Does Employee Absence Amount To Abandonment Of Employment? Lessons From The Haque Decision
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.
Australia Employment
HR
Holding Redlich
Article
Court Of Appeal Clarifies An Employer’s Liability For Unlisted Prostheses In Bishop v Qantas Airways Ltd [2026] NSWCA 93
The New South Wales Court of Appeal has delivered a significant ruling on employer liability for medical devices not included on the Commonwealth Prostheses List. When an injured worker requires reasonably necessary treatment involving unlisted prostheses, does the absence from a regulatory list automatically relieve the employer of payment obligations, or does the fundamental statutory duty to cover necessary medical treatment prevail?
Australia Employment
CO
Carroll & O'Dea
Article
Judge Issues “cautionary Tale About The Dangers Of Befriending Artificial Intelligence (AI)-powered Chatbots Who Masquerade As Legal Advisors”
The Federal Circuit and Family Court of Australia has issued a stark warning about the dangers of relying on generative AI in litigation, particularly for self-represented litigants. In Ba v Sterling Parts Australia Pty Ltd, the Court dismissed a claim after the applicant failed to produce documents referenced in his evidence list, which appeared to be AI-generated fabrications.
Australia Employment
PA
Piper Alderman
Article
Codes Of Practice Now Mandatory In New South Wales
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.
Australia Employment
HR
Holding Redlich
Video
Inside IR Podcast Series - Episode 32: Enterprise Agreements, Disputes And The Status Quo - Is Complexity Holding Employers Back? (Video)
In this episode of Inside IR, Rohan Doyle and Mitchell Brennan use the recent Full Federal Court decision in AMWU v Opal Packaging Australia (May 2026) to explore the real-world implications of complexity in enterprise agreements. With four decision-makers across three forums arriving at four different interpretations of a relatively common status quo clause, the case is a stark illustration of enterprise agreement complexity, and how status quo clauses can be a source of competitive advantage for employers...
Australia Employment
KL
Herbert Smith Freehills Kramer LLP
Article
What Changed In NSW Psychosocial Hazards Compliance From 1 July 2026?
From 1 July 2026, NSW employers must comply with new work health and safety requirements for managing psychosocial hazards. These reforms shift the compliance framework from optional guidance to mandatory benchmarks, requiring organisations to either follow approved codes of practice or demonstrate equivalent safety standards through documented, evidence-based risk management systems.
Australia Employment
GC
Gilchrist Connell
Article
Workplace Sexual Harassment, Why Employers Must Look Beyond Their Own Staff.
A Federal Circuit and Family Court decision has established that contractors and customers can be held liable for sexually harassing employees under the Fair Work Act's 2023 provisions. The case resulted in $103,000 in damages and demonstrates how workplace sexual harassment laws extend far beyond traditional employer-employee relationships to encompass all work-connected interactions.
Australia Employment
CO
Carroll & O'Dea
Article
Workplace Wrap—July 2026
Australia's Fair Work Commission has announced significant changes to minimum wage rates and employment thresholds effective July 1, 2026, including a 6% increase to the national minimum wage and structural reforms to Award wage classifications. These adjustments come amid economic uncertainty and ongoing efforts to address real wage gaps affecting low-paid workers, while also introducing changes to superannuation contribution bases and unfair dismissal thresholds.
Australia Employment
KG
K&L Gates LLP
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