Australia: Redundancy/Layoff

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.

A number of significant employment law reforms will take effect on 1 July 2026.

This briefing note sets out an overview of the Full Federal Court's decision in Reiche v Neometals Ltd [2026] FCAFC 53. The decision is significant as the first appellate authority to consider...

High Court clarified how "genuine redundancy" is assessed under the Fair Work Act 2009 (Cth), particularly the obligation to consider redeployment.

The decision clarifies that "earnings" only refers to income paid for a claimant's work or services, excluding payments for redundancy or lack of notice.

When adopting the use of AI software, employers must be vigilant in reviewing all content of any AI-drafted correspondence.

Courts may imply reasonable notice of termination if no written employment contract exists.

There is no presumption that fighting in the workplace will automatically mean that a dismissal is fair.

A legal expert answers common questions about managing relationships between employees.