Australia: Employee Rights/ Labour Relations

The Industrial Relations Commission of NSW now serves as a critical gatekeeper for psychological injury claims under reformed workers compensation legislation. This jurisdictional shift requires workers to establish that workplace conduct falls within specific categories—bullying, sexual harassment, racial harassment, or excessive work demands—before compensation claims can proceed. The reforms fundamentally alter the relationship between industrial relations and workers compensation systems, cr

The Federal Government has proposed legislation that would fundamentally reshape post-employment restraints in Australia, introducing a ban on non-compete clauses for employees earning below $190,100 and prohibiting co-worker non-solicitation provisions regardless of income level. These reforms would expose employers to significant penalties simply for including prohibited clauses in employment arrangements, while also treating no-poach and wage-fixing agreements as cartel conduct with potential criminal li

Australia's Fair Work Commission has proposed the country's first dedicated working from home clause for the Clerks Award, establishing a framework for remote work arrangements. The proposal introduces new obligations for employers around documentation, health and safety, and compliance, while maintaining employer discretion over approval decisions. This development may signal broader award reform across industries and could increase employment disputes triggering EPL insurance claims.

New Australian legislation allows the Fair Work Commission to issue binding orders across entire road transport contractual chains, potentially affecting businesses that procure, arrange or supply transport services even if they don't directly engage drivers. The first order addressed fuel cost recovery and demonstrates how quickly compliance obligations can arise, raising questions about which businesses fall within scope and what steps they should take to prepare for future regulatory intervention.

Special counsel Jess Byrne reflects on her decade-long career progression at Cooper Grace Ward, from law clerk to her current role in the insurance team. She discusses her work in workers' compensation and CTP matters, highlighting the diverse client base and advocacy opportunities that define her practice.

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.

The Fair Work Commission is set to reconsider the Road Transport Contractual Chain Order, with hearings scheduled for September 2026 amid ongoing fuel cost pressures. Industry stakeholders are divided on whether the order should be re-enlivened or revoked, while principals and contractors are already receiving notices about potential fuel cost pass-throughs from downstream parties.

A creditor-supported restructuring of Believe Early Learning preserved regional childcare centres in Eaglehawk and Mooroopna, protecting jobs and delivering materially better outcomes than liquidation. The case demonstrates how voluntary administration can address the sector's simultaneous growth in demand and pressure on capacity, while navigating workforce constraints, regulatory obligations, and unsustainable financial structures.

When workplace investigations arise, the choice of investigator can determine whether the process builds trust or creates further complications. Understanding the essential qualities that make an investigator effective—from independence and legal expertise to empathy and credibility—is crucial for employers navigating sensitive workplace matters.