Termination - a shortcut to redundancy?

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.

A recent NSW Court of Appeal decision highlights both the scope of an employer’s duty to guard against reasonably foreseeable psychiatric injury and the importance of the way issues are framed and concessions made during litigation.

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.

October is National Safe Work Month, and Cooper Grace Ward's workplace relations and safety team explores why work health and safety matters for every business. Special counsel Gemma Sharp examines the legal duties of PCBUs and officers to protect workers from both physical and psychosocial hazards, emphasizing that safety must be woven into the fabric of business operations rather than treated as an afterthought.

Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?

A one-day delay in filing a general protections application with the Fair Work Commission proved fatal, reinforcing that such timeframes are strictly enforced absent exceptional circumstances.

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.

Cooper Grace Ward's Damien Jarrett and Jess Byrne examine Hunter v Alliance Airlines Pty Ltd, a Supreme Court workers' compensation case involving a cabin crew member's back injury from a jammed galley cart. The discussion explores how the case evolved from maintenance and staffing allegations into a training dispute, and examines the court's approach to quantum arguments when the injured worker chose to pursue her own business rather than return to employment.

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.

A recent NSW Court of Appeal decision highlights both the scope of an employer’s duty to guard against reasonably foreseeable psychiatric injury and the importance of the way issues are framed and concessions made during litigation.

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.

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.

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.

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.

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

Injured workers in New South Wales often wonder whether they can continue receiving workers compensation benefits while returning to their job. The workers compensation scheme actively encourages safe return to work where medically appropriate, but the process involves careful management of medical certificates, suitable duties, injury management plans, and rehabilitation providers to ensure both recovery and proper benefit calculations.

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.