Australia: Employment and HR

Each episode arms human resources, industrial relations and legal professionals with the latest industrial relations thinking.

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.

The Australian government plans to prohibit non-compete clauses for workers earning below $190,100 from 2027, fundamentally reshaping how employers protect confidential information and customer relationships. With draft legislation expected in 2026, organisations face a critical window to review employment contracts and develop alternative workforce protection strategies. What steps should employers take now to prepare for these sweeping reforms to post-employment restraints?

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.

Recent amendments to the Industrial Relations Act 1996 (NSW) (Act), have significantly expanded victimisation provisions, which are set to have a direct impact on employers, including local and state government entities. This article aims to highlight relevant legislation, provide practical steps and examples to support compliance and risk management.

This article examines the rise of AI wearables—particularly AI-enabled smart glasses—in the workplace, covering both employer-driven use cases (such as logistics, healthcare, and remote operations) and employee-driven use (including accessibility, personal devices brought to work and covert recording).

Cooper Grace Ward's latest podcast episode examines the new restrictions on SMSF borrowing for real estate purchases, clarifying widespread misconceptions about what constitutes a 'residential real estate ban.' Partners Scott Hay-Bartlem and Clinton Jackson, alongside senior associate Keeghan Silcock, break down the business real property test requirements and explain the critical transitional rules taking effect from August 2026.

Directors face automatic personal liability when companies fail to pay superannuation on time, but understanding the critical difference between "lockdown" and "non-lockdown" penalties can mean the difference between remission through administration and unavoidable personal debt.

Self-managed superannuation funds face strict prohibitions on acquiring assets from members or related parties, but business real property presents a notable exception. Senior associate Keeghan Silcock examines the complex requirements for transferring commercial property into an SMSF, including market valuation, contribution limits, borrowing restrictions, and state-specific duty concessions.

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.

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.

Recent Fair Work Commission cases reveal how artificial intelligence is undermining legal proceedings, with applicants submitting AI-generated appeals containing fabricated case citations, misapplied legal terminology, and incomprehensible arguments. The tribunal's scathing critiques highlight a growing crisis where uncritical reliance on AI wastes judicial resources and produces submissions devoid of merit.