Fundamentals: Employment + Workplace Relations (2020/2021)

The Australian Government has raised the National Minimum Wage and Minimum Award Wages effective July 1, 2026, with weekly rates increasing from $948.00 to $1,004.90 and hourly rates from $24.95 to $26.44. What compliance actions must employers take to avoid penalties for underpayment, and how do these changes affect different worker categories including trainees, apprentices, and entry-level employees?

The Workplace Authority has released the Fact Sheet which all employers who operate under the federal system must give to current employees today.

The International Court of Justice has issued a landmark advisory opinion confirming that the right to strike is protected under ILO Convention No. 87, a treaty Australia ratified in 1973. While this opinion doesn't immediately change Australian domestic law, it creates a significant new reference point that unions may leverage in litigation, enterprise bargaining, and industrial relations reform discussions. Australian employers face potential challenges to existing Fair Work Act restrictions on protected

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.

After five years of continuous service in New South Wales, employees may qualify for pro rata long service leave payments under specific circumstances—even before reaching the standard 10-year threshold. Understanding when these entitlements arise, particularly in cases of illness, incapacity, or pressing necessity, can significantly impact both employees facing career transitions and employers managing termination obligations.

Recent amendments to the Industrial Relations Act 1996 (NSW) (Act), have significantly expanded victimisation provisions, which are set to have a direct impact on employers, including local and state government entities. This article aims to highlight relevant legislation, provide practical steps and examples to support compliance and risk management.

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.

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.

When an employee says "I quit" during a heated workplace exchange, does it constitute a legally binding resignation? A recent Fair Work Commission decision examines the critical distinction between emotional outbursts and genuine resignations, highlighting the employer's duty to clarify an employee's true intentions before treating such statements as final.

Highlights in this month's edition include new developments in AI governance in both Australia and Malaysia, Singapore's new Workplace Fairness Act taking further shape...