Employment Law and Labour Law

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Podcast
Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?
Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
Australia Employment
PA
Piper Alderman
Article
The IRC As Gatekeeper: A Shift Away From The Traditional Demarcation Between Industrial And Workers Compensation Issues In New South Wales
The Industrial Relations Commission of NSW now serves as a critical gatekeeper for psychological injury claims under reformed workers compensation legislation. This jurisdictional shift requires workers to establish that workplace conduct falls within specific categories—bullying, sexual harassment, racial harassment, or excessive work demands—before compensation claims can proceed. The reforms fundamentally alter the relationship between industrial relations and workers compensation systems, cr
Australia Employment
CO
Carroll & O'Dea
Article
Proposed New Laws Could Significantly Change The Operation Of Post-employment Restraints
The Federal Government has proposed legislation that would fundamentally reshape post-employment restraints in Australia, introducing a ban on non-compete clauses for employees earning below $190,100 and prohibiting co-worker non-solicitation provisions regardless of income level. These reforms would expose employers to significant penalties simply for including prohibited clauses in employment arrangements, while also treating no-poach and wage-fixing agreements as cartel conduct with potential criminal li
Australia Employment
HR
Holding Redlich
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Article
No Vacancy? No Excuse: High Court Clarifies Reasonable Redeployment Considerations (Helensburgh Coal Pty Ltd v Bartley & Ors [2025] HCA 29)
The High Court's decision in Helensburgh Coal Pty Ltd v Bartley & Ors examines whether employers must consider restructuring their workforce arrangements, including labour hire and outsourcing, when assessing redeployment options during redundancies. This landmark ruling clarifies the Fair Work Commission's authority to scrutinize operational decisions and workforce composition when determining if a dismissal constitutes genuine redundancy under the Fair Work Act 2009.
Australia Employment
CG
Coleman Greig Lawyers
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Article
Understanding Special Disability Trusts: A Guide For Families
For families caring for a person with a severe disability, understanding how to provide long-term financial security while maintaining access to social security benefits presents unique challenges. Special Disability Trusts offer a structured legal solution with significant asset-test exemptions and gifting concessions, but navigating the complex eligibility requirements, compliance obligations, and determining whether this structure suits your family's circumstances requires careful consideration.
Australia Family
CG
Coleman Greig Lawyers
Article
Hidden Liabilities In Contractor Arrangements
The High Court's Personnel Contracting decision fundamentally changed how businesses must assess worker relationships, revealing that ABNs and contractor agreements alone don't determine employment status. When the ATO or state revenue authorities reclassify these arrangements, businesses face retrospective liabilities across PAYG withholding, superannuation, and payroll tax that can transform healthy balance sheets into insolvency scenarios.
Australia Employment
W
Worrells
Video
It Depends – Can A Limited Recourse Borrowing Trust Acquire More Than One Asset? (Video)
Under Australian superannuation law, limited recourse borrowing arrangements typically require separate bare trusts for each asset acquired by an SMSF. However, certain exceptions allow multiple assets to be held in a single bare trust, including identical assets purchased simultaneously, permanent fixtures spanning multiple titles, and assets legally required to be dealt with together. Understanding these nuanced rules is critical to avoid serious compliance, tax, and duty implications.
Australia Wealth Mgt
CG
Cooper Grace Ward
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Article
The IRC As Gatekeeper: A Shift Away From The Traditional Demarcation Between Industrial And Workers Compensation Issues In New South Wales
The Industrial Relations Commission of NSW now serves as a critical gatekeeper for psychological injury claims under reformed workers compensation legislation. This jurisdictional shift requires workers to establish that workplace conduct falls within specific categories—bullying, sexual harassment, racial harassment, or excessive work demands—before compensation claims can proceed. The reforms fundamentally alter the relationship between industrial relations and workers compensation systems, cr
Australia Employment
CO
Carroll & O'Dea
Article
Sexual Harassment Investigations In Victoria: Key Investigation Tips For Employers
Recent developments in workplace safety and discrimination laws have fundamentally transformed sexual harassment investigations beyond simple fact-finding exercises. Investigators must now navigate complex requirements spanning procedural fairness, psychosocial safety obligations, and trauma-informed practices while managing competing pressures and legal risks that can arise from poorly conducted investigations.
Australia Employment
GC
Gilchrist Connell
Article
The Risks That Build Slowly: Understanding Cumulative Psychosocial Hazards
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.
Australia Employment
K
KordaMentha
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Article
The IRC As Gatekeeper: A Shift Away From The Traditional Demarcation Between Industrial And Workers Compensation Issues In New South Wales
The Industrial Relations Commission of NSW now serves as a critical gatekeeper for psychological injury claims under reformed workers compensation legislation. This jurisdictional shift requires workers to establish that workplace conduct falls within specific categories—bullying, sexual harassment, racial harassment, or excessive work demands—before compensation claims can proceed. The reforms fundamentally alter the relationship between industrial relations and workers compensation systems, cr
Australia Employment
CO
Carroll & O'Dea
Article
Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI
The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
Australia Employment
HR
Holding Redlich
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