On 7 September 2026 the Albanese Government released draft legislation proposing to ban non-compete clauses for employees earning below the Fair Work Act high-income threshold (currently $190,100 per year). The proposed reforms would bring significant change to the regulation of post-employment restraints in Australia with the
The right for eligible employees to request a ‘flexible working arrangement’[1] has been enshrined in the National Employment Standards (NES) to the Fair Work Act 2009 (Cth) (Act) since 2022. A recent decision has examined what may constitute ‘reasonable business grounds’ for employers to refuse a
On 27 August 2026, the Fair Work Commission (Commission) released its draft determination to vary the Clerks – Private Sector Award 2020 (Clerks Award) to allow for employees to request work from home (WFH) arrangements from their employer.[1] In our previous legal alert from August 2024,[2]
This morning, the Prime Minister has announced plans to establish a new federal Fair Work Court, aimed at delivering a simpler, faster and more accessible pathway for resolving workplace disputes, including underpayment claims. The introduction of the Fair Work Court will be a specialised forum consisting
EMA Legal is pleased to announce the promotion of Joseph Parnis to Senior Associate, effective 1 July 2026. Joseph is a key member of our employment law team, who has consistently demonstrated exceptional legal skills, the ability to relate to our clients and their issues, with
SafeWork Australia (SWA) has released a draft consultation paper on ‘Improving work health and safety for workers using crowd platforms’ (Paper).[1] The purpose of the Paper is to assess gaps in the regulation of crowd platform arrangements in the model Work Health and Safety Act 2011
From 1 July 2026, the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025 (Act) will come into effect in Victoria.[1] The Act was developed in response to recommendations of the Victorian Ministerial Taskforce on Workplace Sexual Harassment to the Victorian Government on how the state’s
As of 4 May 2026, the Workplace Protection (Personal Violence) Act 2025 (SA) (WPPV Act) has come into force in South Australia, with the intention of implementing measures to reduce incidents of workplace violence.[1] The WPPV Act applies to a ‘workplace’, which is defined as: ‘a
Annual Wage Review 2026 On 2 June 2026, the Full Bench of the Fair Work Commission (Commission) handed down its annual wage review decision. The Commission held that the National Minimum Wage will be increased by 6 per cent and minimum rates of pay under all modern awards would be
The Federal Circuit and Family Court of Australia (the Court) has delivered the first decision on s 527D of the Fair Work Act 2009 (Cth) (the Act). Section 527D was introduced into the Act following recommendations made in the Sex Discrimination Commission’s 2023 Respect@Work Report. Section 527D prohibits
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