Michael Byrnes, Employment partner, is quoted in The Lawyers Weekly (6 July 2021) - Ensuring your take-home pay doesnt decrease

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 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.

This article examines the rise of AI wearables—particularly AI-enabled smart glasses—in the workplace, covering both employer-driven use cases (such as logistics, healthcare, and remote operations) and employee-driven use (including accessibility, personal devices brought to work and covert recording).

When terminating an employee, employers must provide an employment separation certificate upon request.

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 practice of employers to provide payments in lieu of notice after the date of termination is unlawful.

The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.

The Australian Government has released draft legislation proposing to ban non-compete clauses for workers earning below the Fair Work Act high-income threshold, currently $190,100 per year. The reforms are not yet law and are intended to commence in 2027, subject to legislation passing Parliament.

A Certificate of Capacity is required when you are making a WorkCover claim for weekly payments in Victoria.

The restraint of trade clause must be reasonably necessary to protect the employer's legitimate business interests.

On 18 February 2011 the Full Federal Court unanimously overturned the 2009 Federal Court ruling which cleared Fortescue Metals Group (FMG) and its Chairman and CEO Mr Andrew Forrest of misleading and deceptive conduct.

Link to interview discussing casual employment & the new Victorian sick leave proposals.

Public sector employees who oppose the TikTok ban would struggle to defend its use on work-issued phones.

Sacking workers who protested outside CFMEU headquarters was justified, as they threatened their employers' reputation.

Link to article which discusses the problem with excessive amounts of accrued leave for both employers and employees.

There are considerable savings employers can make when employees work from home (WFH) rather than from the office.

The decision of an employer to dismiss a worker after causing the death of his pet bird was "unjust and unreasonable".

Corporate Australia complicit in Australia Day swaps enshrined in EBAs.

The experience of working from home sometimes varied widely between junior and senior legal practitioners.

Regular, ongoing work with the same employer could amount to an employment relationship, with employment benefits.