Australia: Employee Rights/ Labour Relations

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.

A recent Fair Work Commission decision confirms that employers may refuse flexible work requests where genuine workplace health and safety concerns exist. The case examined whether a council's requirement for two employees to be present at a visitor centre constituted reasonable business grounds for refusing a part-time remote work arrangement following incidents of aggressive public behavior.

When an employee requested to extend her parental leave, her employer refused on the basis that her team was already working over capacity and facing burnout risks. The Fair Work Commission examined whether psychosocial risks to remaining staff members could constitute reasonable business grounds for refusing the extension request, ultimately granting only a modest extension rather than the full period sought.

A Queensland District Court case examines whether a residential care facility adequately protected a worker who suffered psychiatric injury after being threatened by a young person in her care. The case explores critical questions about staffing requirements, risk management protocols, and the impact of undisclosed pre-existing conditions on compensation claims.

Understanding the specific requirements for a company to qualify as a special purpose superannuation trustee company is crucial for accessing reduced ASIC annual renewal fees. Senior associate Keeghan Silcock explains the two essential conditions: the company's constitution must expressly prohibit income or property distribution to members, and the company must act solely as trustee of a regulated superannuation fund.

In workers' compensation claims for hearing loss, establishing the 'last noisy employer' requires more than simply proving machinery was present in the workplace. A recent NSW Personal Injury Commission decision examines what evidence is sufficient to demonstrate that employment created a real risk of hearing loss, and when a worker's recollection may be too unreliable to discharge the burden of proof.

A part-time waitress was unsuccessful in her general protections application after the Fair Work Commission found that her employer’s instruction to 'go home' during a dinner service confrontation did not, objectively, constitute a dismissal.

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?

After five years of continuous service in New South Wales, employees may qualify for pro rata long service leave payments under specific circumstances—even before reaching the standard 10-year threshold. Understanding when these entitlements arise, particularly in cases of illness, incapacity, or pressing necessity, can significantly impact both employees facing career transitions and employers managing termination obligations.