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Saturday, September 12, 2026

Employment Law Update - May 2023 - Lexology

Warning: This article contains details about sexual harassment which may be upsetting for some readers. Reader discretion is advised.

May 2023 has once again seen the Fair Work Act 2009 (Cth) under scrutiny from the federal government with a new set of amendments being formally passed relating to Workplace Gender Equality. This however is not the end of the proposed changes with a further bill being tabled in parliament focusing on protecting worker entitlements. These amendments have very real consequences for employers in particular for employers with over 100 employees following the creation of the Workplace Gender Equality Agency.

In addition to these legislative changes the area of Employment Law has also seen some cases of note exploring whether swearing or criminal charges are sufficient grounds for a dismissal, and a sex discrimination claim relating to inequality of pay. A summary of these three cases can be found below under Significant Cases.

Legislative Changes and Announcements

Proposed changes to the Fair Work Act (Protecting Worker Entitlements)

The Fair Work Act has recently been the subject of significant amendments, which started taking effect from December 2022 with yet more amendments to take effect later this year. These changes were discussed in more detail in our article here.

In addition to these changes the Federal Government is proposing further changes (which are yet to be formally passed by parliament).

There are 4 major alterations being...



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