Top employment law issues for 2013

A Fair Work Commission decision demonstrates the limits of anti-bullying protections in Australian workplaces, rejecting an employee's claim that routine management actions constituted bullying. The case clarifies what does not meet the legal threshold for bullying under the Fair Work Act, emphasizing that reasonable management action carried out reasonably is specifically excluded from the definition.

New minimum standards effective from 17 August 2026 introduce personal accident insurance requirements for delivery drivers and riders working through digital platforms like Uber Eats and Deliveroo. These protections address a critical gap for gig economy workers who, as independent contractors, have historically fallen outside traditional workers compensation schemes when injured on the job.

A redundancy can expose your business to legal risk, particularly where an employee disputes whether the redundancy was genuine. While employers cannot require employees to waive their minimum statutory entitlements, they may choose to offer additional benefits in exchange for greater certainty. One way of achieving this is through a deed of release.

In Part 2 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck continue their discussion on the evolving enterprise bargaining landscape...

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.

The South Australian Employment Tribunal has rejected claims that after-hours TikTok and Snapchat messages sent to employees breached their right to disconnect. The ruling provides useful guidance on when out-of-hours communications may cross the line.

Victorian laws now restrict how Non-Disclosure Agreements can be used in workplace sexual harassment cases, introducing six mandatory preconditions that employers must meet before an NDA can be validly entered into. These new protections aim to address power imbalances and prevent employees from being coerced into silence, while giving workers the right to terminate NDAs after 12 months and speak to police, medical professionals, and lawyers without breaching confidentiality.

In the first substantive rulings on Australia's right to disconnect laws, the South Australian Employment Tribunal has determined that an Adelaide hairdressing salon did not breach its apprentices' rights despite sending frequent out-of-hours messages via TikTok and Snapchat. The Tribunal drew a critical distinction between unwelcome communication and actually preventing employees from disconnecting, establishing that subjective pressure without demonstrable consequences does not constitute a breach.

Queensland's new Reportable Conduct Scheme, effective July 1, 2026, establishes comprehensive obligations for organizations working with children to investigate and report allegations of abuse or neglect. Schools, childcare centers, and other entities must navigate strict reporting timelines, procedural fairness requirements, and potential penalties for non-compliance.

A Queensland District Court case examines whether a residential care facility adequately protected a worker who suffered psychiatric injury after being threatened by a young person in her care. The case explores critical questions about staffing requirements, risk management protocols, and the impact of undisclosed pre-existing conditions on compensation claims.