The National Workplace Brief is our quarterly newsletter to bring you up to speed on happenings in workplace and industrial relations law around the country, brought to you by our specialist team here at HWLE. Please reach out to the authors or the Workplace Relations team in your local HWLE office should you have any questions or require assistance.

Sexual harassment laws: What employers need to know in 2026

Sexual harassment laws are evolving rapidly in Australia with significant legislative reforms and emerging case law reshaping employer obligations. There is now an increased focus on proactive risk management and accountability across multiple jurisdictions. This article outlines the key changes and practical implications for employers in 2026.

This article was written by Emma Campbell, Special Counsel, and reviewed by Peta Tumpey, Partner.

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The changing face of serious misconduct

Serious misconduct is no longer confined to traditional categories such as theft or fraud. Recent Fair Work Commission decisions show how workplace technology, evolving cultural standards and out of hours conduct are reshaping the boundaries of summary dismissal, while reinforcing the continuing importance of procedural fairness.

This article was written by Chris Morey, Special Counsel, and reviewed by Jessica Nicholls, Partner.

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New Workplace Protection laws: Addressing workplace violence

New workplace protection order regimes in South Australia and at Commonwealth level mark a significant development in the legal response to violence, aggression and intimidation in public-facing workplaces. These laws give employers and other authorised representatives a direct mechanism to seek court-ordered protections, while reinforcing the need to integrate these measures into broader work health and safety frameworks.

This article was written by Jessica Nicholls, Partner, and Christopher Kapetanos, Solicitor.

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Artificial Intelligence and the workplace: The current regulatory position

Australia may not have standalone AI-specific workplace legislation, but employers are already navigating a complex mix of employment, discrimination, WHS, privacy and consumer laws that apply to AI in practice. This article examines the Government’s incremental approach, the growing role of enterprise agreements, and the increasing scrutiny from courts and tribunals on how AI is used in workplace decision-making. It also highlights the practical questions employers should be asking now as AI becomes more embedded across recruitment, performance management, surveillance, and workflow systems.

This article was written by Chris Shelley, Partner, and Tanisha Chadha, Solicitor. 

Click here to read the full article, and here for a summary table.

Growing up fast: The end of junior pay rates for adult workers

The Fair Work Commission’s provisional decision to phase out junior pay rates for adult workers marks a significant shift for employers in retail, fast food and pharmacy. With incremental increases commencing from 1 December 2026 and broader award coverage likely to follow, employers should now assess workforce impacts, payroll readiness and associated legal risks.

This article was written by Danielle Flint, Partner, and Courtney Spencer, Senior Associate.

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Investigation mistakes employers can’t afford

This article considers the Victorian Coroner’s findings into an employer’s handling of a workplace bullying complaint and provides broader lessons for employers. The findings highlight the importance of impartial investigations, properly supporting managers and separating performance issues from bullying allegations. The decision also serves as a timely reminder that inadequacies in complaint handling processes can result in unfairness and be a psychosocial factor.

This article was written by Danielle Flint, Partner, Audrey Ooi, Associate, and Jasmyn Joseph, Solicitor.

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