Remote working in a cross-border world – legal issues

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?

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

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 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 Full Federal Court's decision in Totino v Metro Trains Melbourne clarifies how employers can successfully defend general protections claims when dismissing employees who have made workplace complaints or workers compensation claims. The case establishes critical principles about who must give evidence, the distinction between advisers and decision-makers, and why proper documentation of the decision-making process is essential for employers facing the reverse burden of proof.

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).

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.

In Stathakis v Richard Crookes Constructions Pty Ltd [2026] NSWSC 1113, the NSW Supreme Court entered a verdict and judgment for the defendant against the plaintiff’s unsuccessful negligence claim finding that the defendant, as the head contractor of the site on which the plaintiff sustained injury, did discharge the duty of care it owed.

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

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.

Proving negligence and legal causation is not as straight forward as the commonly accepted concepts and definitions.

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.

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.

An 11-year-old student suffered a back injury during a long jump trial at a school athletics carnival, leading to a significant Court of Appeal decision that clarifies schools' duty of care obligations. The case examines whether basic safety measures like adequate sand depth and regular pit maintenance constitute reasonable precautions that schools must take to protect students during sporting activities.

Australia's new statutory tort for serious invasions of privacy, which commenced in June 2025, is being tested against emerging AI-powered smart glasses technology that can record audio and video discreetly. As these devices become more sophisticated and less detectable, questions arise about whether current privacy laws adequately protect individuals from covert surveillance and data collection in both public and private settings.

Mr Gibson was employed as a teacher in an ACT high school from January 2023 until his dismissal on 30 August 2024. It was alleged that he initiated and engaged in extensive ongoing electronic communications with female students on social media, drove students to and from non-school related sporting events, and took a photo of students (who were clothed) in an ice bath.

The 2026 Tour de France sparked unprecedented controversy when top competitors Jonas Vingegaard and Tadej Pogacar underwent overnight anti-doping tests on the eve of a crucial stage, raising questions about testing protocols and athlete rights. Following Vingegaard's race-ending crash the next day, the cycling world debated whether the disruptive testing procedures violated established standards and contributed to the incident. This examination explores the complex hierarchy of anti-doping authority, the le

A recent Full Bench decision confirms that employers cannot rely on genuine business reasons alone to justify redundancy dismissals. Even when workforce reductions are commercially necessary, failure to conduct meaningful consultation with affected employees can result in unfair dismissal findings and substantial compensation awards, regardless of business size.

In New South Wales, most injured workers are subject to the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998, including recent legislative reforms introduced through the Workers Compensation Legislation Amendment Act 2025 and the Workers Compensation Legislation Amendment (Reform and Modernisation) Act 2026.

In Abdel-Hady v Commonwealth of Australia [2026] HCA 17, the High Court unanimously rejected a novel defence advanced by the Commonwealth to a claim for false imprisonment arising from immigration detention later...