Australia: Employee Rights/ Labour Relations

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

Psychosocial harm in the workplace often develops gradually as multiple pressures accumulate over time, making it difficult to recognise until a crisis emerges. Understanding how factors like workload, organisational change, poor communication, and inadequate support interact can help leaders identify patterns early and implement effective controls before serious incidents occur.

Coal miners in New South Wales hold special status as exempt workers under the workers compensation scheme, affording them protections that differ significantly from standard workers. Despite recent legislative reforms that have reshaped the NSW workers compensation landscape, coal miners retain many of their historical entitlements, including ongoing weekly payments without strict cut-offs and exemption from standard work capacity assessments.

A redundancy can expose your business to legal risk, particularly where an employee disputes whether the redundancy was genuine. While employers cannot require employees to waive their minimum statutory entitlements, they may choose to offer additional benefits in exchange for greater certainty. One way of achieving this is through a deed of release.

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.

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.

Understanding the return to work process after a workplace injury in NSW can be complex. This article explains the obligations of injured workers, insurers, and employers during the workers compensation return...

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.