Consumer Express | May 2026 Edition
In the May 2026 edition of Consumer Express, we unpack the legal developments most relevant to businesses operating in an increasingly complex consumer environment, with a focus on the regulatory reforms and emerging risks shaping the landscape ahead. This edition covers the Federal Government’s proposed prohibition on unfair trading practices, including new rules targeting subscription […]
ReadmoreNavigating organisational change and whistleblower protection
The Full Federal Court has backed Neometals’ decision to make an executive redundant, despite them claiming to be protected by whistleblower laws. This decision is a win for businesses and demonstrates the need for companies to have robust whistleblowing policies in place. Background The Full Federal Court handed down its decision on 4 May 2026 […]
ReadmoreSexual harassment claims: First decision under the Fair Work Act
The Federal Circuit and Family Court has handed down the first decision under the Fair Work Act’s sexual harassment provisions, finding a sole director personally liable and ordering just under $60,000 in combined penalties and compensation. This decision marks a shift in the legal landscape for workplace sexual harassment claims, with workers now able to bring […]
ReadmoreCost of living pressures fuelling change for businesses
Over the past few years, Australia (and much of the world) has faced economic and political uncertainty. Since the conflict in the Middle East began in February 2026, cost of living pressures have sharply increased, primarily driven by higher fuel costs. These pressures are having a significant impact across many facets of our society and […]
ReadmoreProviding more certainty about sleepover obligations and entitlements for the social, community and disability sector
Sleepover and related entitlements are features of the Social, Community, Home Care and Disability Services Award (SCHADS Award) which covers many community, disability and social services organisations and providers. Following a long running litigation involving disability provider Jats Joint, the Federal Court of Australia decided an appeal in March 2026 relating to the interpretation of […]
ReadmoreThe impact of Generative AI on the Fair Work Commission
AI is quickly becoming the new normal for the Fair Work Commission (Commission), prompting Justice Hatcher, President of the Commission to publish a statement[1] and an exposure draft of the proposed Guidance Note: Use of Generative Artificial Intelligence in Commission cases (GenAI Guidance Note)[2]. The GenAI Guidance Note comes after growing concerns that the Commission […]
ReadmorePsychosocial hazards in the workplace: Legal obligations, enforcement trends and what employers need to know
Psychosocial safety has moved decisively from the margins of workplace health and safety (WHS) into the regulatory spotlight. What was once treated as a ‘softer’ people issue is now firmly recognised as a core WHS, governance and compliance risk. Legislative reforms across Australia, coupled with a marked increase in enforcement activity, leave little room for […]
ReadmoreAustralia’s evolving AI governance landscape: Regulatory changes set to impact employers
The furious pace of the adoption of AI at scale has represented a significant regulatory challenge to society, due to the swift expansion of both the capabilities of AI and its uses. Unsurprisingly, our current legal frameworks, which were never designed with such technologies in mind, have been outpaced by this rapid transformation, which has […]
ReadmoreReturn to the office: Can employees be directed back into the office?
Background The Fair Work Commission (FWC) has found that an employer’s decision to dismiss an employee on the basis that they refused to attend the office three days a week was not harsh, unjust or unreasonable in the recent case of Mr Richard Johnson v PaperCut Software Pty Ltd[1] (Johnson v PaperCut). Richard Johnson (Mr […]
ReadmorePayday Super: Summary of key changes
On 1 July 2026, the Federal Government’s long-anticipated Payday Super reforms will come into effect, fundamentally altering the way employers meet their superannuation guarantee (SG) obligations. The reforms, enacted by the Treasury Laws Amendment (Payday Superannuation) Act 2025 (Cth) and associated legislation, replace the longstanding quarterly superannuation payment cycle with a requirement that it be […]
ReadmoreA system under strain: The “unsustainable” rise in Fair Work Commission applications
In a statement released earlier this month by Justice Hatcher, President of the Fair Work Commission, the current workload of the Fair Work Commission (Commission) has been put under the spotlight.[1] Justice Hatcher expressed concern that the continuing growth in applications is “unsustainable within the Commission’s current operational, performance and funding structures” and compromises “the […]
Readmore2025 year in review: A recap of workplace law changes and upcoming changes in 2026
This past year saw numerous changes to workplace laws and significant case developments. This article provides a summary of the 2025 changes and an overview of some key changes to have on your radar for 2026. Key updates: What employers need to know 1. Employment contracts: The future of set-off clauses In September 2025, the […]
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