From new Fair Work Commission processes for handling dismissal cases to the Secure Australian Jobs Framework and a new working-from-home term in the Clerks Award, here are the items that HR practitioners need on their radar as we close the year out.
Over the past few years, workplace relations matters have dominated the headlines. We’ve seen a swathe of large, complex legislation that employers have had to navigate – such as changes to casual engagements and the Right to Disconnect.
But as we start to close out 2026, many of the recent and upcoming changes have sat at the edges of the headlines.
Some are already in force, others are still drafts and a few depend on what Parliament does next. Here are six items to keep on your radar.
1. New dismissal cases to be managed through MyFWC portal
As of mid-October, the Fair Work Commission will be running dismissal cases through the MyFWC portal.
Previously, submissions for unfair dismissals and general protections could be lodged via the MyFWC portal, but now the expansion will mean cases will operate from beginning to end via the portal.
“The portal will be the go-to place for important details and documents related to any unfair dismissal,” says Lisa Mannering FCPHR, who is a member of AHRI’s ER/IR Advisory Panel.
“What this means for HR is that where you might have previously received emails directly from the Fair Work Commission about a case, that information will now be in the MyFWC portal.”
Mannering says this includes not only the details of the case and the contact information of the parties, but also documents uploaded during a matter and any directions, decisions and orders issued by commission members.
“This means it will be critical to actively monitor the MyFWC portal, as missing deadlines or non-compliance with directions or orders could have significant consequences for parties.
“HR practitioners and relevant representatives will need to become familiar with the MyFWC portal, so it might be helpful to get on the front foot and register for a MyFWC account now, and get familiar with the platform before you need to use it.”
Other relevant information:
- Existing dismissal cases will also move to MyFWC unless they have already been allocated to a Commission Member.
- While the portal currently only covers dismissal cases, the FWC has said other case types will be available in the future.
- The FWC has created this infographic and this guide to answer common questions about the changes.
“What this means for HR is that where you might have previously received emails directly from the Fair Work Commission about a case, that information will now be in the MyFWC portal.” – Lisa Mannering FCPHR
2. FWC WFH for Clerks Award
As of 26 October, employees working under the Clerks – Private sector Award (Clerks Award) can now request working from home arrangements or record existing arrangements under the award.
The Clerks Award covers Australian employees who mainly carry out clerical and administrative work – such as bookkeepers, receptionists and administrative assistants – and their employers in the private sector.
AHRI has previously shared submissions to the government on these changes, including concerns that formalising work-from-home arrangements could exacerbate tensions between employers and employees.
If you have employees covered by the Clerks Award, now is the time to review your working-from-home policy and request process against the new clause.
Make sure managers know how to handle a request, what must be recorded if an arrangement is agreed and that declining a request needs a considered, documented reason.
Separately, the Senate Education and Employment Legislation Committee has postponed publication of its report on the “right to work from home” until 18 November. This is also worth keeping on HR’s radar, as it proposes the introduction of a statutory right for employees to request to work from home for up to two days per week.
Other relevant information:
- AHRI’s submission to Fair Work Commission Discussion Paper: Work Care (Modern Awards 2023-2024).
- AHRI Submission to the Education and Employment Legislation Committee Inquiry into the Fair Work Amendment (Right to Work from Home) Bill 2025
3. Non-compete bans could be happening sooner than expected
Movement on the government’s plan to ban non-compete clauses for employees at or below the high-income threshold ($190,100 for the 2026-27 period) could be on the cards for early 2027.
We’ve known this was coming for some time now, but employers are yet to have a definitive answer as to when this will be implemented.
But following the release of the government’s exposure draft legislation in September, experts are suggesting the law could commence on 1 January, 1 April, 1 July or 1 October 2027 following Royal Assent.
Competition law already prohibits businesses from colluding on prices. The draft legislation would extend that thinking to the labour market, so that agreements between employers to suppress wages or avoid hiring each other’s people would be treated as cartel conduct.
According to Gadens law firm – whose Partner, Amanda Junkeer, recently appeared on AHRI’s ER/IR Unpacked podcast – the draft legislation would extend the cartel provisions in competition law to cover certain wage-fixing and no-poach agreements, arrangements and understandings between businesses.
It would also make three changes to employment contracts:
- Non-competes banned for most employees. Employees earning at or below the Fair Work Act high income threshold (currently $190,100 a year) would have a right to be free of non-compete clauses.
- Co-worker non-solicitation banned. Clauses restraining former employees from soliciting their colleagues would be prohibited, whatever the employee’s income.
- Serious consequences for breaches. Non-compliance would attract significant penalties (maximum for an individual would be 600 penalty units for a serious contravention and 60 penalty units for any other contraventions; for a body corporate, according to existing FW Act penalty framework, the penalties would be five times those amounts).
“Targeted exceptions are proposed for specified joint ventures, secondments, labour hire arrangements, professional sporting leagues, certain conduct permitted or approved under industrial laws, government wage-setting and specified minimum labour standards,” according to Gadens.
“These are conditional exceptions rather than general safe harbours. Some exceptions impose additional conditions before an otherwise prohibited provision may be given effect, including written notice to affected employees and their consent.”
Other useful resources:
- Australian Government proposes significant reforms to non-competes and labour market competition (Gadens)
4. Changes to additional fixed-term contract exceptions
From 1 November 2026, additional exceptions to the Fair Work Act’s limits on fixed-term contracts continue on an ongoing basis for charities and not-for-profits, and for medical or health research organisations.
Originally, they were due to expire on 31 October, but have been continued indefinitely.
The limits, introduced under the Closing Loopholes reforms, generally cap fixed-term contracts at two years, restrict renewals and prevent back-to-back contracts for the same role.
They aim to stop short-term contracts being used in place of permanent jobs. But organisations that depend on grants and project funding argued the rules didn’t suit how they operate, which is why the sector exceptions have been introduced.
These exceptions will come with tighter funding conditions and the changes apply only to contracts entered into on or after 1 November 2026, so existing arrangements stay under the earlier rules.
The Fair Work Ombudsman reminds employers that the Fixed-Term Contract Information Statement (new statement was released yesterday) needs to be given when an employee enters, or as soon as possible after entering, a fixed term contract. This applies even if a fixed-term contract employee is covered by an additional exception.
Other useful information:
- Additional Fixed-Term contract exceptions infosheet
- New Fixed-Term Contract Information Statement (updated 2 November, 2026)
5. The Secure Australian Jobs Framework
When the Australian government released its Buy Australian Plan, one proposal stood out for being particularly relevant to HR practitioners: the Secure Australian Jobs Framework.
This is a principles-based framework that sets out what the Commonwealth expects of its suppliers when it comes to secure work, fair treatment of workers and good workplace practice.
Those expectations would sit inside Commonwealth contracts, which means they could soon shape how organisations that win government work hire, engage and manage their people.
“The framework has just finished consultation phases, along with proposed amendments to the Commonwealth Supplier Code of Conduct. We don’t have any definite changes yet, but it’s something HR should keep on their radar,” says Mannering.
Organisations who contract or intend to contract with the Australian government may need to show how they comply with the framework.
“The proposed Secure Jobs Code will prioritise suppliers who promote and prioritise best-practice in priority areas, in addition to meeting minimum statutory obligations,” she says.
Some of the criteria include things such as:
- Safe and secure jobs that are well-paid and have good conditions.
- Supporting freedom of association and representation in the workplace.
- Demonstrating achievement of industry performance standards in relation to work health and safety.
“I think HR should watch this one closely because there is also consideration being given to how the code may cover grants and indirectly funded work, which is things like support for state governments, councils or private companies that lead projects,” says Mannering.
Mannering says there’s also consideration of whether a financial threshold for expenditure over a certain value may be implemented.
“There’s also a separate consultation process underway for the construction industry, and that’s looking at the development of construction standards to ensure government financial arrangements drive quality, productivity, lawful behaviour, and deliver safe, secure, well-paid jobs.”
Both of these consultation processes closed off in October. More information on the proposed changes is available through the Australian Government Department of Employment and Workplace Relations website.
6. Public sector gender target setting
Gender equality targets are no longer optional for Australian employers. Since April this year, private sector employers with 500 or more employees have been required to set three targets under the Workplace Gender Equality Agency’s guidelines.
As of September, public sector employers have the same legal obligation. With both sectors now covered, HR practitioners are moving from deciding whether to set targets to deciding which ones to set and how to deliver on them.
“There’s two types of targets: action targets and numeric targets, and they cover six gender equality indicators,” says Elisha Middleton MAHRI, a member of AHRI’s ER/IR advisory panel.
“With setting these targets, employers need to hit at least one numeric goal. So that means picking a number to aim for. That might be boosting the percentage of women in management or knocking a specific number of points off their gender pay gap,” says Middleton.
On top of that, employers can also set action targets, which could be putting a new policy or process in place to advance gender equity efforts.
“That could be things like employer funded parental leave, or flexible work options, or having your pay structures be totally transparent.”
Other useful resources:
- AHRI’s podcast episode with Dr Samone McCurdy, Executive Manager, Insights and Capability at WGEA, on setting gender targets.
- WGEA Commonwealth Public Sector Gender Equality Scorecard
- WGEA Gender Equality Target Overview infosheet, including details about key dates and timelines, non-compliance details and advice on how to prepare for your targets.
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