Employment Law and Labour Law

The Australian Fair Work Commission (the “Commission”) has released draft wording for a proposed work-from-home clause in the Clerks - Private Sector Award 2020. While the proposal is not yet finalized, employers with Australian operations should be mindful of the proposed change, as the Clerks Award is one of Australia's most widely applied awards with coverage extending to a broad range of clerical and administrative positions.

The Fair Work Commission is set to reconsider the Road Transport Contractual Chain Order, with hearings scheduled for September 2026 amid ongoing fuel cost pressures. Industry stakeholders are divided on whether the order should be re-enlivened or revoked, while principals and contractors are already receiving notices about potential fuel cost pass-throughs from downstream parties.

A creditor-supported restructuring of Believe Early Learning preserved regional childcare centres in Eaglehawk and Mooroopna, protecting jobs and delivering materially better outcomes than liquidation. The case demonstrates how voluntary administration can address the sector's simultaneous growth in demand and pressure on capacity, while navigating workforce constraints, regulatory obligations, and unsustainable financial structures.

The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.

A number of significant employment law reforms will take effect on 1 July 2026.

This briefing note sets out an overview of the Full Federal Court's decision in Reiche v Neometals Ltd [2026] FCAFC 53. The decision is significant as the first appellate authority to consider...

Certain obligations, including tax, superannuation, workplace safety and environmental compliance, can apply directly to directors even where work is outsourced.

On 4 December 2025, ASIC published Report 827, Insights from the ASIC Whistleblower Questionnaire: July 2024 to June 2025 (Report).

New protections have commenced for independent contractors alleging unfair contract terms.

Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.

The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.

When an employee stops attending work without explanation and doesn't respond to contact attempts, can an employer treat this as 'abandonment of employment'? The Fair Work Commission's recent Haque decision raises important questions about whether such situations constitute dismissal at the employer's initiative, potentially challenging established precedent and creating new risks for employers managing unexplained absences.