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
Restraining Restraints: Australia’s Post-Employment Shake-Up
The Australian Labor Government has released draft legislation that would fundamentally reshape how employers can use non-compete clauses in employment contracts. This proposed reform would prohibit non-compete restrictions for employees earning below $190,100 and impose new limitations on all post-employment restraints, potentially marking the most significant recalibration of Australian restraint of trade law in decades.
Australia Employment
SS
Seyfarth Shaw LLP
Article
Protecting Your Business - Getting Ready For Significant Change With Post-employment Restraints
The Australian Federal government has introduced the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026, which proposes to fundamentally reshape post-employment restraints by outlawing non-compete clauses for employees earning below $190,100 and banning co-worker non-solicitation clauses entirely. These sweeping reforms will significantly impact how businesses protect their investments in talent, client relationships, and confidential information, requiring employers to
Australia Employment
BP
Bartier Perry
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
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
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
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
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
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
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