Introducing the first iteration of the National Workplace Brief, a quarterly instalment of the goings on nationally in workplace and industrial relations law brought to you by our specialist team here at HWLE. Keeping our clients up to date in this rapidly changing landscape is more important than ever.

From this newsletter you can expect pivotal updates on new laws, key policy developments and a spotlight on emerging risks and trends which are shaping the future of the Australian workplace. We hope to provide practical insights to support compliance, decision making as well as interesting case studies and commentary more generally.

Kicking off the new financial year, this quarter has seen the national minimum and award wages increase, as well as the superannuation guarantee, and small business employees will soon have the ‘Right to Disconnect’. Please read on for additional insights and updates, and please reach out to the authors should you have any questions or require assistance.

THE RIGHT TO DISCONNECT – 12 MONTHS ON

The right to disconnect provided under the Fair Work Act 2009 (Cth) is set to extend to employees of small business employers from 26 August 2025. This presents a timely opportunity to recap on the right to disconnect and related developments since the right was enshrined in legislation and first introduced into Australian workplaces 12 months ago.

This article was written by Alison Spivey, Partner, and Georgia Driels, Senior Associate.

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BROAD APPLICATION ON DISABILITY DISCRIMINATION LAWS IN RECENT DECISIONS

This article examines two recent Federal Court decisions under the Disability Discrimination Act 1992, highlighting challenges in proving discrimination and the use of interim injunctions to prevent discriminatory conduct. The cases demonstrate key legal tests for liability and balancing public interest with disability access rights. These rulings provide important insights into protecting disability rights in Australia.

This article was written by Lily Schafer-Gardiner, Special Counsel, and Trish Nguyen, Law Graduate, and reviewed by Brad Swebeck, Partner.

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FLEXIBLE WORKING ARRANGEMENTS – WORKING FROM HOME

Many employers offer some level of flexibility for employees to work from home, but recently employers are starting to require employees to be in the office more consistently, resulting in resistance from employees reluctant to return to the office. What rights do employees have to insist on such arrangements, and how has the Fair Work Commission approached these claims?

This article was written by Chris Morey, Special Counsel, and reviewed by Clare Raimondo, Partner.

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“SPEAKING FROM EXPERIENCE” – AUSTRALIA’S RESPONSE TO WORKPLACE SEXUAL HARRASMENT

Australia is strengthening its stance against workplace sexual harassment with the release of the Speaking from Experience report, building on the Respect@Work framework and the introduction of a legally binding positive duty for employers. The report, shaped by the voices of over 300 victim-survivors, calls for stronger enforcement, systemic change, and more inclusive, trauma-informed approaches. A new Code of Practice and AHRC-led inquiries signal heightened regulatory oversight, particularly in high-risk sectors like retail and hospitality.

This article was written by Clare Raimondo, Partner, and Emma Campbell, Senior Associate.

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POLITICAL OPINION AND PROCEDURAL FAIRNESS – LESSONS FROM ABC V LATTOUF 

The Federal Court has found that an employer breached the Fair Work Act by terminating a casual employee for expressing a political opinion, on the basis that it failed to issue a clear directive to the employee to comply with its social media policy before taking the action and failing to comply with its enterprise agreement. The decision highlights the legal risks of acting on assumptions about policy breaches without following proper processes. Employers should ensure directions are lawful, reasonable, and documented, and that disciplinary processes comply with obligations under applicable industrial instruments.

This article was written by Karli Evans, Partner, and Dustin Grant, Senior Associate.

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‘SAME JOB, SAME PAY’ – CLOSING THE LABOUR HIRE LOOPHOLE

A recent Fair Work Commission decision on the Same Job, Same Pay provisions in the Fair Work Act has confirmed that labour hire workers must be paid the same as direct employees when performing the same work as a host employer’s direct employees. In this decision, the Fair Work Commission rejected a strong argument that the workers were providing a “service” rather than labour, setting a precedent for future Same Job Same Pay orders. Employers using labour hire should now closely review their arrangements, as this decision signals that the Fair Work Commission will assess the practical realities of a commercial relationship, and not just the contractual documents, when determining pay obligations to labour hire employees.

This article was written by Danielle Flint, Partner, Robert Malcom, Senior Associate, and Jackie Sorial, Solicitor.

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