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 […]

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 […]

Background President Adam Hatcher of the Fair Work Commission (the FWC) is seeking feedback on three key test cases brought forward by the Transport Workers Union (the TWU) following the Albanese Government’s “Closing Loopholes 2” legislation. The TWU’s three applications are seeking to establish minimum standards and regulate working conditions for employee-like gig workers in […]

The Fair Work Ombudsman (the FWO) has secured $197,000 in court-ordered penalties against Doll House Training Pty Ltd (the Company), a Sydney-based health and wellness research company, for engaging in sham contracting involving workers with disabilities. The Federal Court found the company guilty of misrepresenting employment contracts as independent contractor agreements (ICAs) and failing to […]

From 26 August 2024, employees will have a legal right under the Fair Work Act 2009 (Cth) to refuse to monitor, read or respond to contact or attempted contact from their employer outside of their working hours, unless the refusal is unreasonable (the Right). The Right also applies to any contact or attempted contact from […]