Heading to the polls: Workplace relations policies in the 2025 Federal Election
Australians will be heading to the polls on Saturday, 3 May 2025. As campaigning gains momentum, we are seeing more details from the major parties on workplace and industrial relations reforms should they take power. At this stage, neither Labor nor the Coalition have proposed significant industrial relations reform agendas, which is not entirely surprising […]
ReadmoreLearnings from recent ‘same job, same pay’ cases decided by the Fair Work Commission
In this article, we discuss two recent cases where the Fair Work Commission (FWC) has made or considered making ‘regulated labour hire arrangement orders’ (RLHA Orders), and the key takeaways for employers. Overview of ‘same job, same pay’ orders The ‘same job, same pay’ provisions were introduced in late 2023 under the Fair Work Legislation […]
ReadmoreDeductions on termination of employment – Are they lawful?
In the recent decision of Bateup v Mornington Shire Council [2025] QIRC 61, the Queensland Industrial Relations Commission (Commission) ordered an employer to pay its employee the full amount of unpaid wages and annual leave entitlements that the employer had unlawfully deducted from the employee’s final pay. What happened in this case? Mr Bateup commenced […]
ReadmoreNew guidance for employers on sexual and gender-based harassment in the workplace
On 5 March 2025, the Federal Government approved the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 (Code). The Code provides guidance to persons conducting a business or undertaking (PCBUs) on how to protect workers against workplace sexual and gender-based harassment. The Code implements recommendation 35 of the Australian Human Rights […]
ReadmoreRestricting the restraints: The government’s latest proposal
The Federal Government’s budget announcement on Tuesday included a significant workplace proposal to ban post-employment non-competition restrictions for some employees. A restraint of trade providing for non-competition restrictions are clauses that purport to limit competition with a previous employer for a period of time, and within a specified geographical location, after an employee has left […]
ReadmoreNew changes to Queensland Work Health and Safety Regulations to prevent sexual harassment
Effective from 1 March 2025, businesses that operate in Queensland have a new duty under the Work Health and Safety Regulation 2011 (Qld) (Regulation) with regard to sexual harassment, or sex or gender-based harassment. This duty requires the development and implementation of a prevention plan to address identified risks associated with sexual harassment. Queensland businesses […]
ReadmoreFederal Court declines to stay restraint challenge despite foreign jurisdiction clause
In the decision of Harman v Opus Recruitment Solutions – Australia Pty Ltd (Stay Application) [2024] FCA 1356, the Federal Court of Australia declined to stay proceedings brought by a former employee who sought to challenge the validity of his post-employment restraints in his employment agreement and shareholders’ agreement despite the fact that the shareholders’ […]
ReadmoreAppointment of Australia’s First Anti-Slavery Commissioner
Further to our previous article on modern slavery reporting, available here, the Federal Government has recently appointed Mr. Chris Evans as the inaugural Australian Anti-Slavery Commissioner. Mr. Evans has been selected following a merit-based selection process and commenced the five-year term on 2 December 2024. Previously, Mr. Evans served as the Chief Executive Officer of […]
ReadmoreFixed term contract restrictions: a further lifeline for select sectors
Restrictions affecting the use of ‘fixed term’ contracts have been in place since December 2023, however regulations were passed last year granting certain sectors a temporary reprieve by delaying the commencement of those restrictions until 30 June 2024. You can read our article on those regulations here. From 1 November 2024, the Fair Work Amendment […]
ReadmoreHigh Court rules employer liable for psychiatric injuries resulting from breach of employment contract
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50, the High Court allowed an appeal awarding $1.44 million in damages to a former employee for psychiatric injuries resulting from breach of a disciplinary procedure contained in an employment contract. Background Mr Adam Elisha was employed by Vision Australia as an adaptive […]
ReadmoreWorkplace law changes in 2024
The past year saw numerous workplace law and rule changes and we recap some of the key updates in this article. The changes largely come from the staggered introduction of changes in the Fair Work Legislation Amendment (Closing Loopholes Act No.2) Act 2024 (Cth) (see our article here) plus Fair Work Commission activity. What employers […]
ReadmoreBeyond the bell: What are ‘reasonable additional hours’ for teachers?
The teaching profession often requires teachers to take on responsibilities beyond the classroom and outside of working hours, such as participating in community engagement, lesson planning, grading assessments and facilitating extracurricular activities. A recent survey has found that 80% of teachers say they have a less than ideal or non-existent work-life balance, with around 70% […]
Readmore
