Government Moves to Ban Non-Compete Clauses for Most Australian Workers
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 Government arguing the reforms will improve worker mobility, wages, competition
Fair Work Commission Guidance on Requests for Flexible Working Arrangements
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 request. The Provisions Under the NES,[2] an eligible employee may
Work from Home clause to be added to Clerks – Private Sector Award 2020
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] we reported on the Commission’s task which was at that
New Fair Work Court
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 of Judges, designed to work in conjunction with the Fair
Special Announcement – Promotion
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 an unwavering commitment to our clients' interests. This promotion reflects
SafeWork Australia consultation paper on ‘Improving work health and safety for workers using crowd platforms’
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 (Cth) (Model WHS Act) due to concerns that it may
