[Video] Employment Law CLE - 30 March 2022

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.

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

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).

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.

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

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 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.

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.

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.

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

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

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

This expected increase in claims means that updated WHS policies are vitally important for businesses.

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

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

Link to article - despite clear misconduct, employee is filing for unfair dismissal because he did not get the termination email.