Oceania: Employment and HR

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Podcast
Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?
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?
Australia Employment
PA
Piper Alderman
Article
The IRC As Gatekeeper: A Shift Away From The Traditional Demarcation Between Industrial And Workers Compensation Issues In New South Wales
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
Australia Employment
CO
Carroll & O'Dea
Article
Proposed New Laws Could Significantly Change The Operation Of Post-employment Restraints
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 Employment
HR
Holding Redlich
Article
Home And Hosed: FWC Sets Australia's First Award-based WFH Clause - With Employers Still Holding The Keys
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.
Australia Employment
GC
Gilchrist Connell
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Retirement, Superannuation & Pensions

Article
Understanding Special Disability Trusts: A Guide For Families
For families caring for a person with a severe disability, understanding how to provide long-term financial security while maintaining access to social security benefits presents unique challenges. Special Disability Trusts offer a structured legal solution with significant asset-test exemptions and gifting concessions, but navigating the complex eligibility requirements, compliance obligations, and determining whether this structure suits your family's circumstances requires careful consideration.
Australia Family
CG
Coleman Greig Lawyers
Article
Hidden Liabilities In Contractor Arrangements
The High Court's Personnel Contracting decision fundamentally changed how businesses must assess worker relationships, revealing that ABNs and contractor agreements alone don't determine employment status. When the ATO or state revenue authorities reclassify these arrangements, businesses face retrospective liabilities across PAYG withholding, superannuation, and payroll tax that can transform healthy balance sheets into insolvency scenarios.
Australia Employment
W
Worrells
Video
It Depends – Can A Limited Recourse Borrowing Trust Acquire More Than One Asset? (Video)
Under Australian superannuation law, limited recourse borrowing arrangements typically require separate bare trusts for each asset acquired by an SMSF. However, certain exceptions allow multiple assets to be held in a single bare trust, including identical assets purchased simultaneously, permanent fixtures spanning multiple titles, and assets legally required to be dealt with together. Understanding these nuanced rules is critical to avoid serious compliance, tax, and duty implications.
Australia Wealth Mgt
CG
Cooper Grace Ward
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Employee Benefits & Compensation

Article
Workers Compensation Rights For Coal Miners In NSW
Coal miners in New South Wales hold special status as exempt workers under the workers compensation scheme, affording them protections that differ significantly from standard workers. Despite recent legislative reforms that have reshaped the NSW workers compensation landscape, coal miners retain many of their historical entitlements, including ongoing weekly payments without strict cut-offs and exemption from standard work capacity assessments.
Australia Employment
CO
Carroll & O'Dea
Article
Skilled Worker Salary Thresholds: What Sponsoring A Role Costs
If you want to sponsor a worker under the Skilled Worker route, you need to understand both the minimum salary requirements and the wider cost of sponsorship. Those rules sit on top of the general considerations that apply when hiring workers from overseas. For most new Skilled Worker applications, you must pay at least £41,700 per year or 100% of the going rate for the worker’s occupation code, whichever is higher.
Australia Employment
L
LegalVision
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Redundancy/Layoff

Article
No Vacancy? No Excuse: High Court Clarifies Reasonable Redeployment Considerations (Helensburgh Coal Pty Ltd v Bartley & Ors [2025] HCA 29)
The High Court's decision in Helensburgh Coal Pty Ltd v Bartley & Ors examines whether employers must consider restructuring their workforce arrangements, including labour hire and outsourcing, when assessing redeployment options during redundancies. This landmark ruling clarifies the Fair Work Commission's authority to scrutinize operational decisions and workforce composition when determining if a dismissal constitutes genuine redundancy under the Fair Work Act 2009.
Australia Employment
CG
Coleman Greig Lawyers
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Employee Rights/ Labour Relations

Podcast
Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?
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?
Australia Employment
PA
Piper Alderman
Article
The IRC As Gatekeeper: A Shift Away From The Traditional Demarcation Between Industrial And Workers Compensation Issues In New South Wales
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
Australia Employment
CO
Carroll & O'Dea
Article
Proposed New Laws Could Significantly Change The Operation Of Post-employment Restraints
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 Employment
HR
Holding Redlich
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Latest Videos

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