2025 was a landmark year for Australian employment law. As 2026 unfolds, further significant developments are expected. This article outlines the key changes for 2026, including payday superannuation and Fair Work Commission reviews, and highlights what employers need to do to stay compliant and prepared.
Several recent cases show that employers are facing significant penalties for failing to adequately control workplace health and safety risks.
Cooper Grace Ward’s workplace relations and safety team, along with lead partner Annie Smeaton, have been recognised in the latest Doyles Guide rankings.
2025 has been a pivotal year in Australian employment law, with significant changes redefining workplace rights and obligations. This article provides an overview of landmark decisions and legislative reforms from the past year, highlighting key developments and what to expect in the year ahead.
In the recent decision of Tamati v MQT Pty Ltd , the Fair Work Commission found that an employee’s dismissal for refusing to take an alcohol breath test was unfair because the employer’s drug and alcohol policy was unclear and had not been properly applied.
In the landmark decision of Fair Work Ombudsman v Woolworths Group Limited, the Federal Court found that set-off clauses in employment contracts will only validly discharge award entitlements if the payment under the clause occurs within the same period those entitlements are earned.
A year since many of the changes from the Closing Loopholes legislation came in effect, here are the key takeaways for employers.
Qantas has been ordered to pay the ‘largest fine in Australian industrial relations law history’ for illegally sacking 1,820 of its employees during the COVID-19 pandemic.
In a major decision, the High Court has confirmed that, when assessing redeployment, employers need to consider whether they can make changes to how they use their workforce.
The Fair Work Commission has upheld the dismissal of an unwell employee, finding that the employee failed to comply with lawful directions by being uncontactable during regular office hours and completing work off the clock.
A recent Fair Work Commission decision reaffirms the ability of employers to direct employees to undergo medical examinations and clarifies when employee refusal can amount to serious misconduct.
Under latest changes to the WHS Regulation, employers must prepare a written prevention plan addressing the risk of sexual and sex or gender-based harassment.