I recently sat down with employment lawyer Jaylene Trovato to unpack four employment law topics that keep coming up in conversations with hiring managers, business owners, and candidates.
What became very clear, very quickly: most workplace disputes are caused by outdated contracts, vague clauses, and assumptions that “this is how we’ve always done it.”
Here’s a breakdown of the four key areas we covered, and what they actually mean in practice.
1. The right to disconnect: now a legal right
The right to disconnect is now formally written into the Fair Work Act.
In simple terms: employees do not have to monitor, read, or respond to work messages outside their ordinary hours, unless refusing would be unreasonable.
This isn’t a blanket ban on after-hours contact. Employers can still send messages. Employees can still respond if they want to. But the obligation to respond is gone, unless the situation genuinely can’t wait.
What determines “reasonable”?
- Is it urgent or safety-related?
- How was the contact made (email vs late-night call)?
- Is the employee paid to be on call?
- What’s their role and level of responsibility?
- What are their personal circumstances (fatigue, caring duties, health)?
This change particularly impacts roles that have quietly become “always on” without ever being formally on call: admin staff, coordinators, support roles, schedulers.
Bottom line: if your business relies on after-hours responsiveness, it needs to be clear, justified, and properly compensated, not implied.
2. Non-compete clauses: big changes are coming
Non-competes are among the most misunderstood provisions in employment contracts.
The federal government has announced its intention to ban most non-compete clauses for employees earning below the high-income threshold (around $183k), with changes expected to take effect from 2027.
Why the shift? Because broad non-competes:
- Restrict job mobility
- Suppress wage growth
- Limit career progression
- Reduce competition and innovation
So, if a clause stops someone from earning a living in their chosen field after they leave (and they’re not senior or highly paid) it’s likely on borrowed time.
What will still matter?
- Confidentiality clauses
- Non-solicitation clauses (clients, staff, suppliers)
- Intellectual property protections
Those are legitimate business protections. However, blanket “you can’t work in this industry for 6 months” clauses for junior or mid-level roles are not.
Bottom line: businesses should start shifting away from restraints and towards proper information controls and targeted protections. Now, not in 2027.
3. Pay secrecy is dead (even if it’s still in your contract)
Since December 2022, employees have a workplace right to:
- Discuss their pay
- Ask others about their pay
- Or choose not to disclose it
Any clause that tries to prevent this is void. And enforcing it is a breach of the Fair Work Act.
Even older contracts with pay secrecy clauses don’t hold up in practice. The moment a contract is varied (pay rise, promotion, role change), those clauses automatically fall away.
Importantly: this doesn’t mean employees must share their salary. It means the choice is theirs, and that choice is protected.
Why this matters? Pay secrecy has historically hidden pay gaps and inconsistencies, especially for women and lower-bargaining-power employees. Transparency exposes problems earlier, which is exactly the point.
Bottom line: if your remuneration framework can’t withstand transparency, the issue isn’t the conversation. It’s the structure, and that needs to be looked at.
4. Reasonable additional hours: “it’s in the contract” isn’t a defence
This is where many employers get caught out.
Yes, employers can ask employees to work reasonable additional hours. No, that does not mean:
- Automatically working 40–42 hours instead of 38
- Absorbing overtime into a vague clause
- Ignoring awards, penalties, or personal circumstances
What’s “reasonable” is assessed case by case, considering:
- Health and safety risks
- Personal circumstances (like caring duties)
- Notice given
- Compensation
- Industry norms
- Award or enterprise agreement rules
Recent cases involving Woolworths and Coles showed just how risky this can be. Salaried managers were underpaid for years because:
- Hours weren’t properly tracked
- Offset clauses were too vague
- Awards still applied despite salaries
If it can happen to major corporations, it can absolutely happen to smaller businesses. Add to that: intentional underpayment is now a criminal offence.
Most problems are preventable
One of the strongest points Jaylene made was this: around 80% of workplace disputes are preventable. They usually come down to:
- Old contracts
- Copy-paste clauses
- No consultation
- No regular reviews
If you’re unsure, ask early. Fixing issues upfront is far cheaper (financially and reputationally) than dealing with them once they’ve escalated.
If nothing else, let this be your reminder to dust off those contracts and policies. The law has moved. Many businesses haven’t. And that gap is where the problems start.
But don’t just take my word for it! Watch the full recording where Jaylene Trovato unpacks all of these topics.
Jaylene Trovato is an Employment Lawyer and the founder of People Mosaic. She partners with organisations to audit and improve their HR systems, helping prevent issues before they escalate. With over 15 years of experience in HR and compliance management, Jaylene uses her legal knowledge to provide practical advice that aligns with workplace laws, reduces risk, and supports staff. She’s known for breaking down complex rules into clear, actionable steps for leaders.