Proposed ban on non-compete clauses: What employers and insurers need to know

By: Sian Gilbert and Charli Kearney At a glance The Albanese Government plans to ban non-compete clauses for employees earning under $175,000, with changes expected to take effect in 2027. Businesses will need to consider stronger confidentiality and non-solicitation clauses, and tailor restraints for senior or high-risk roles. The change may reduce some litigation but […]

2025 Workplace & Safety Guide: Navigating employment, industrial relations, and safety law

With evolving legislation and shifting workplace norms, keeping up with employer obligations and employee rights has never been more important. That’s why we’ve released our 2025 Workplace & Safety Guide — a comprehensive resource designed to help businesses and HR professionals navigate the complexities of employment, industrial relations, and safety law. Packed with practical strategies […]

Parental leave – an outline of entitlements and obligations

By: Sian Gilbert, Grace Gunn, Dexter Cabal and Ellie Jongma At a glance Employees entitled to parental leave under the Fair Work Act 2009 (Cth) (FW Act) may take up to 110 days of their 12-month unpaid leave entitlement in a flexible manner in the 24 months following the birth (or adoption) of their child […]

Understanding the right to disconnect and how it will affect your business

By: Sian Gilbert and Dexter Cabal At a glance From 26 August 2024, employees of organisations that employ 15 or more people will have a ‘right to disconnect’ outside of their normal working hours, unless their refusal is unreasonable. Employees of small business employers will have the right to disconnect from 26 August 2025. Whether an […]

Promoting diversity through flexible public holidays

By: Sian Gilbert, Dexter Cabal and Rebekah Johnson At a glance A growing number of Australian workplaces are now offering flexible public holidays to recognise the diverse backgrounds, cultures and values of employees. These holidays are offered in lieu of public holidays currently on the calendar. However, there are limitations around this initiative depending on the […]

Working from home and the Fair Work Commission’s Modern Awards Review

By: Sian Gilbert and Dexter Cabal At a glance Since the COVID-19 pandemic, many employers have continued supporting working from home as part of the flexible working arrangements they offer. Others have been promoting return to office practices. The Fair Work Commission (Commission) is currently undertaking a review and consultation process to ascertain whether changes […]

A believed first: finding of breastfeeding discrimination of KFC employee

By: Sian Gilbert, Dexter Cabal and Sarah Moore   Complainant 202258 v Southern Restaurants (VIC) Pty Ltd (Discrimination) [2023] ACAT 57 At a glance On 25 September 2023, the ACT Civil and Administrative Tribunal delivered what is believed to be the first finding in Australia of discrimination on grounds of breastfeeding in the workplace, in […]

New restrictions on fixed term employment contracts

By: Sian Gilbert, Dexter Cabal and Atticus Saunders At a glance From 6 December 2023, employers will no longer be able to use a fixed term contract that has a period longer than 2 years or extend the fixed term contract more than once. There are several exceptions that may apply; however, anti-avoidance provisions will […]

Closing Loopholes Bill reignites contractor vs. employee debate

At a glance The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced on 4 September, and has since had several second reading debates. In determining the contractor versus employee distinction, the Bill emphasises a broader, more flexible approach in determining the true reality of a working relationship. It also highlights that the totality […]

Addressing gig economy loopholes may lead to new exposures for insurers

On 4 September, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced to Parliament. The Bill, which forms part of a wave of proposed workplace changes, aims to close loopholes that undermine pay and conditions and to improve work health and safety laws in the Commonwealth jurisdiction – including for gig economy workers. […]