Oceania: Employment and HR

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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
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
See more
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
See more
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
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
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Article
Workers Compensation Rights For Coal Miners In NSW
Coal miners in New South Wales hold special status as exempt workers under the workers compensation scheme, affording them protections that differ significantly from standard workers. Despite recent legislative reforms that have reshaped the NSW workers compensation landscape, coal miners retain many of their historical entitlements, including ongoing weekly payments without strict cut-offs and exemption from standard work capacity assessments.
Australia Employment
CO
Carroll & O'Dea
Article
Skilled Worker Salary Thresholds: What Sponsoring A Role Costs
If you want to sponsor a worker under the Skilled Worker route, you need to understand both the minimum salary requirements and the wider cost of sponsorship. Those rules sit on top of the general considerations that apply when hiring workers from overseas. For most new Skilled Worker applications, you must pay at least £41,700 per year or 100% of the going rate for the worker’s occupation code, whichever is higher.
Australia Employment
L
LegalVision
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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
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
See more