Linq HR - HR, Employee Relations and HR Tech Insights #tribunalLinq HR - HR, Employee Relations and HR Tech Insights #tribunalhttps://www.linqhr.com/blogs/tag/tribunalSun, 08 Nov 2026 10:41:32 +1100http://zoho.com/sites/<![CDATA[Is Employee Relations in Australia still within its Teenage Years?]]>https://www.linqhr.com/blogs/post/ER-in-AustraliaAustralia's industrial relations system is shaped by governments, lawyers, unions, tribunals and employers. Why a shared focus on productivity would help.]]>

In brief: Employee relations in Australia can be likened to a teenager: it lacks clear direction, focuses on the present over the future and shows limited willingness to learn from experience. The system is shaped by many parties, including governments, lawyers, unions, tribunals and employers, and when they do not pursue a common goal each seeks more voice and control, adding complexity. All participants should share one purpose, the continuous improvement of overall productivity, so the whole country benefits.

A complex and crowded landscape

The Industrial Landscape in Australia is complex and perhaps failing to achieve the objective of harmoniously balancing productivity gains with workers rights. 

The teenage analogy

Teenagers are often cited as a group who can lack direction, experience an imbalanced perception between what is important for their future compared to that which seems important right now, have a lack of cooperation or willingness to learn automatically from those with prior experience. They are influenced by many people and organisations ranging from schools and teachers,  parents and family members, sporting coaches, their peer group - all offering their perspectives on right and wrong, moving norms of society, and social media. But their goal is often simple - reach a level of education and find a job.

In some similar ways Employee Relations as a group in Australia has a wide mix of influences ranging from layers of Government, a booming workplace lawyering industry, trade unions at many levels, complex workplace rules and legislation, Tribunals and other Specialist Workplace Government Departments, social changes from different generations across the workplace, educational and training organisations, the News networks and of course employees and business itself. 
Update (November 2026): The complexity described here has only grown. The Fair Work Commission received a record 53,666 applications in 2025–26, around 35% of them unfair dismissal claims, and reports that roughly 40% of individual applicants now use AI tools to prepare their claims (Fair Work Commission, 2026, as reported by Tilo, 2026).

How could the system mature?

So how could the Australian Employee Relations landscape be viewed as still being within its teenage years? One item which stands out in common is the level of complexity with both. When either party or influence lacks moving in a similar direction towards a common goal then each can scramble to increase their voice, preferences and control. This can lead to higher levels of complexity as each has their needs met.

One common purpose: productivity

There should only be one common purpose of all those involved within the Australian Employee Relations landscape, and that should include the continuous improvement of overall productivity so the entire country can benefit for years to come. This at least would make it easier for the next generations of our teenagers whose life is probably always going to be naturally complex anyhow.

Linq HR provides fractional employee relations support to Australian employers and operates Workforce Directory, Australia’s HR services marketplace. Ph 1300 234 566.

Further reading:Conciliatory vs combative approaches to union engagement and Working days lost due to industrial action.


References

Tilo, D. (2026) ‘AI-driven claims surge pushes Fair Work Commission to record caseload’, HC Magazine, 28 October, reporting Fair Work Commission (2026) Annual Report 2025–26. Available at: https://www.hcamag.com/au/specialisation/employment-law/ai-driven-claims-surge-pushes-fair-work-commission-to-record-caseload/595203 (Accessed: 6 November 2026).


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]]>Thu, 01 Sep 2022 13:35:25 +1000<![CDATA[Insights into using Australian Employment Lawyers]]>https://www.linqhr.com/blogs/post/Insights-into-using-Employment-LawyersWhat Australian employment lawyers do for employers, which laws they cover, when barristers are involved, and the Fair Work Commission's permission rule.]]>

In brief: Australian employment lawyers specialise in advice on employment and workplace matters and can act for companies, governments, unions, employees and contractors. For employers they draft contracts and agreements, defend unfair dismissal and discrimination claims, prevent underpayments, review HR policies and interpret awards, and can represent clients at tribunals and in state and federal courts. Fees vary, so employers should choose a lawyer whose expertise and cost suit the matter at hand.

Employment Lawyers specialise in providing advice on employment and workplace matters.


Who employment lawyers act for

They can work for companies, governments, unions, employees and contractors.


For companies they often assist in developing employee contracts and agreements, defending employee unfair dismissal and discrimination claims, prevention of underpayments (intentional underpayment has been a criminal offence since 1 January 2025, carrying up to 10 years’ imprisonment (Department of Employment and Workplace Relations, 2024)), union matters, HR policies and practices, and award interpretation.


The legislation they cover

They can assist with workplace legislation such as the Fair Work Act 2009 (Cth), including the National Employment Standards, the Sex Discrimination Act 1984 (Cth) and its positive duty to prevent sexual harassment (Australian Human Rights Commission, 2022), the Disability Discrimination Act 1992 (Cth) and state anti-discrimination laws, work health and safety laws, and the Workplace Gender Equality Act 2012 (Cth).


Representation in tribunals and courts

They can represent you at a number of levels including Tribunals, and State and Federal Courts. 

Update (November 2026): Representation in the Fair Work Commission is not automatic. Under section 596 of the Fair Work Act 2009 a lawyer or paid agent may represent a party only with the Commission’s permission, which is granted where it would make the matter more efficient given its complexity, where a party cannot represent itself effectively, or where fairness requires it. Since early 2026 the Commission’s application and response forms require parties to explain why permission should be granted (Fair Work Act 2009, s 596; HWL Ebsworth, 2026).


Employment Law Barristers can assist Employment Lawyers with more complex legal cases.


Choosing the right lawyer

Effective Employment Lawyers have the ability to develop a clear understanding of your employment issue and support you towards the best possible outcome.


Cost between lawyers can vary so it is important to find one which best fits your budget and which has the right level of expertise for your matter.


Linq HR provides fractional employee relations support to Australian employers, working alongside your chosen employment lawyers, and operates Workforce Directory, Australia’s HR services marketplace, where employment law firms are listed. Ph 1300 234 566.

Further reading:Who is ultimately responsible for termination decisions and Benefits and risks of not using professional HR advice for SMEs.


References

Australian Human Rights Commission (2022) Fact sheet: Respect@Work changes to the Sex Discrimination Act 1984 and AHRC Act 1986. December. Available at: https://humanrights.gov.au/our-work/complaint-information-service/fact-sheet-respectwork-changes-sex-discrimination-act-1984-ahrc-act-1986-december-2022 (Accessed: 6 November 2026).

Department of Employment and Workplace Relations (2024) Compliance and enforcement: criminalising wage theft. Fact sheet. Available at: https://www.dewr.gov.au/download/15937/compliance-and-enforcement-criminalising-wage-theft/35722/compliance-and-enforcement-criminalising-wage-theft/pdf (Accessed: 6 November 2026).

Fair Work Act 2009 (Cth), s 596. Available at: https://www.legislation.gov.au/C2009A00028/latest/text (Accessed: 6 November 2026).

HWL Ebsworth (2026) Fair Work Commission to reform general protections dismissal application process. 26 February. Available at: https://hwlebsworth.com.au/fair-work-commission-to-reform-general-protections-dismissal-application-process (Accessed: 6 November 2026).



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