In Australian workplaces, Adverse Action refers to negative actions that may be taken by an employer, an employee, or an independent contractor that can impact an individual’s rights, employment conditions, or working environment. Such actions can be retaliatory, discriminatory, or otherwise harmful and are prohibited by the Fair Work Act 2009. The general protections provisions […]
The Minns Government has proposed legislation, being the Industrial Relations Amendment (Transport Sector Gig Workers and Others) Bill 2025 (NSW) (the Bill), which aims to extend certain provisions of the Industrial Relations Act 1996 (NSW) (the Act) to give protections to transport sector gig workers engaged in contracts of carriage by providing these workers with […]
In a recent development, the Albanese Labor Government has proposed the introduction of legislation which will create a ‘blanket ban’ on non-compete clauses in employment contracts for workers earning less than the high-income threshold, currently being $175,000.00 (indexed annually) (the Proposed Ban). Non-Compete Clauses Non-compete clauses are clauses found in an employment contract which impose […]
The Fair Work Commission (the FWC) has made several recent orders requiring an employer to implement a flexible work arrangement (FWA) following a refusal of an employee’s request under “reasonable business grounds’’. In making these orders, the FWC determined that the objectives of the Fair Work Act 2009 (Cth) (the Act) and corresponding National Employment […]
Overview In the recent case of Elisha v Vision Australia Ltd [2024] HCA 50, the High Court of Australia has ruled that workers unfairly dismissed in breach of their employment contract can now claim compensation for psychiatric injury resulting from the dismissal. In a 6-1 verdict, the High Court ordered that Vision Australia Ltd (Vision […]
Background In a recent South Australian Employment Tribunal (the SAET) decision, Lauren Vercoe (Ms. Vercoe), Asset Officer for the City of Charles Sturt (the Council), sought workers’ compensation after injuring herself in September 2022 while working from home. Ms. Vercoe fractured her arm and temporarily injured her knee after tripping over a 60cm metal pet […]
A recent study has provided new data regarding the use and impacts of non-compete clauses (Non-Competes) and non-disclosure agreements (NDAs) in Australian Employment Contracts (the Study). Utilising data from the Australian Bureau of Statistics (the ABS), the Study found that the increased use of Non-Competes by Australian employers has contributed to low wage growth and […]
During late September 2024, the Federal Court handed down an interim order in the case of Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074, which granted an injunction requiring an employer to reinstate an employee following a summary dismissal which occurred one-day prior to the employee’s eligibility to make an application for unfair […]
A recent Federal Court decision, AEI Insurance Group Pty Ltd v Martin (No 4) [2024] FCA 1110, highlights the potentially costly consequences for employees who breach post-employment restraint clauses contained in an employment contract. In this case, Craig Martin (Mr. Martin), a former account manager at AEI Insurance Group Pty Ltd (AEI), was ordered to […]
Overview One of Australia’s largest not-for-profit disability service providers is among the first employers to provide 12 days of ‘reproductive leave’ to its 16,000 disability service workers. Following negotiations between the Health Services Union (the HSU) in Victoria and Scope (Aust) Ltd (Scope), full-time and part-time workers are eligible. They can use the reproductive leave […]