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.
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
Article
Home And Hosed: FWC Sets Australia's First Award-based WFH Clause - With Employers Still Holding The Keys
Australia's Fair Work Commission has proposed the country's first dedicated working from home clause for the Clerks Award, establishing a framework for remote work arrangements. The proposal introduces new obligations for employers around documentation, health and safety, and compliance, while maintaining employer discretion over approval decisions. This development may signal broader award reform across industries and could increase employment disputes triggering EPL insurance claims.
Australia Employment
GC
Gilchrist Connell
Article
Employ­ers Ban­ning AI Smart Glass­es From The Workplace
As wearable AI technology becomes more prevalent, employers face critical decisions about whether to ban smart glasses in the workplace. This analysis explores the privacy, cybersecurity, and workplace surveillance risks associated with AI-enabled eyewear, while examining the legal framework for regulating their use. Two important exceptions—disability accommodations and workplace safety—complicate what might otherwise be a straightforward prohibition.
Australia Employment
S
Swaab
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
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Webinars

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Employment Litigation/ Tribunals

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
Podcast
Podcast: Inside The Claim With CGW – Flight Risk: Grounded By A Galley Cart
Cooper Grace Ward's Damien Jarrett and Jess Byrne examine Hunter v Alliance Airlines Pty Ltd, a Supreme Court workers' compensation case involving a cabin crew member's back injury from a jammed galley cart. The discussion explores how the case evolved from maintenance and staffing allegations into a training dispute, and examines the court's approach to quantum arguments when the injured worker chose to pursue her own business rather than return to employment.
Australia Employment
CG
Cooper Grace Ward
Article
Workplace Investigations And Decision Makers: What Employers Can Learn From Totino v Metro Trains
The Full Court of the Federal Court has clarified critical procedural requirements for employers managing medical incapacity terminations and defending general protections claims. This landmark decision addresses when workplace relations advisers must give evidence in proceedings and whether show cause letters constitute unlawful threats under the Fair Work Act.
Australia Employment
GC
Gilchrist Connell
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Unfair/ Wrongful Dismissal

Article
Workplace Investigations And Decision Makers: What Employers Can Learn From Totino v Metro Trains
The Full Court of the Federal Court has clarified critical procedural requirements for employers managing medical incapacity terminations and defending general protections claims. This landmark decision addresses when workplace relations advisers must give evidence in proceedings and whether show cause letters constitute unlawful threats under the Fair Work Act.
Australia Employment
GC
Gilchrist Connell
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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Redundancy/Layoff

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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Retirement, Superannuation & Pensions

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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Latest Videos

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