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Articles by Michael Starkey
Australia: Australia's Changing Visa Rules and What Comes Next
In brief On 17 September 2026, Minister for Home Affairs Tony Burke delivered an address at the National Press Club outlining the Government's proposed direction for Australia's immigration system. A central theme of the address was the greater scrutiny of temporary visa programs, while ensuring that temporary visas continue to serve their intended purpose.
Australia: Court Decision Broadens Application of Portable LSL
In brief On 5 May 2026, the Victorian Court of Appeal in EnergyAustralia Pty Ltd v CoInvest Limited [2026] VSCA 80 confirmed the broad scope of Victoria's construction industry portable long service leave scheme. The Court dismissed EnergyAustralia's appeal from the Supreme Court and confirmed that an employer's liability to make portable long service leave contributions depends primarily on the nature of the work performed by its workers, rather than the employer's primary business.
Australia: Draft Legislation Takes Hammer to Non-Competes
In brief The Federal Government’s proposed ban on non-compete clauses looks set to come to fruition, with the release of the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 ("Bill") earlier this week. The Bill follows the Government’s March 2025 Budget1 commitment to prohibit non-compete clauses for low and middle-income workers and its subsequent consultation2 on non-competes and other restraints affecting worker mobility.
AI workplace change: Managing risk without regret
By Michael Starkey | August 10, 2026|5 minute read SHARE THIS ARTICLE Created with Sketch Beta. It is clear from our recent work (and trite to say) that the pace of AI-related change at work is increasing across a range of industries – from tech, to financial services, to manufacturing, writes Michael Starkey. AI presents opportunities for employers and employees alike, but the risk of AI-related change must be carefully managed to avoid legal and reputational exposure.
Australia: Five Things Every Tech Founder Must Nail
In brief You’re a gun engineer. You've got a product roadmap. You've got a sleek pitch deck. You've probably even got a ping pong table, because apparently that's still a thing. What you might not have is a plan for the employment law landmines sitting under your new business. And we promise, they're there – quietly ticking – whether you've thought about them or not. Employment lawyers spend a lot of time cleaning up messes that were entirely avoidable.
Australia: AI Workplace Change – Managing Risks without Regret
In brief It is clear from our recent work (and trite to say) that the pace of AI-related change at work is increasing across a range of industries – from tech, to financial services, to manufacturing. AI presents opportunities for employers and employees alike, but the risk of AI-related change must be carefully managed to avoid legal and reputational exposure.
Australia: New South Wales Workers' Compensation Shake Up
In brief From 1 July 2026, a major shake-up to the New South Wales workers' compensation system will come into full effect. The changes follow the passing of two tranches of legislation1 and aim to address the growing burden of psychological injury claims on employers, and the New South Wales Government's budget.
Deferred bonus arrangements found unlawful by Federal Court
Employers should reassess bonus structures following recent decision A recent Federal Court decision found the deferred bonus arrangements set out in two employees' contracts to be unlawful. While this decision does not impose a blanket ban on deferred bonuses, it does highlight the importance of carefully drafting terms of contracts that deal with bonuses, as well as bonus policies. Employers need to consider their bonus structures to avoid the implications of this decision.
Australia: The loopholes are closed! What the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 means for your business
The Federal Government passed the second tranche of the Closing Loopholes legislation this week, introducing key changes in respect of casual employees, independent contractors, gig economy workers, the trucking industry, and the right to disconnect. In brief On 12 February 2024, the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Cth) (“Bill“) was passed by Federal Parliament after the House of Representatives accepted changes made in the Senate.
Australia: Fair Work Commission confirms variations to Professional Employees Award
In brief The Fair Work Commission has confirmed its 20 January 2023 decision to amend the Professional Employees Award 2020 ("Award") in order to impose new obligations on employers regarding hours of work, overtime and penalty rates. The Commission's 16 March 2023 decision confirmed that the changes will take effect from 16 September 2023.
Australia: Professional Employees Award to be amended to impose overtime and penalty rates for employers in IT, science and engineering
In brief Following a decision of the Fair Work Commission on 23 January 2023,1 the Professional Employees Award 2020 (Award) will be amended to impose new monetary obligations on employers (as well as to clarify the coverage provisions of the Award). The Award applies to employers in the IT industry, and well as to employers of professional scientists and engineers.
Australia: All aboard the omnibus! What will proposed changes to the Fair Work Act mean for your business? | Lexology
In brief The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (“Bill“) was introduced into Federal Parliament on 9 December 2020. If passed, this “omnibus” Bill will represent the most change to our workplace relations laws since the introduction of the Fair Work Act 2009 (Cth) (“FW Act“). The Bill represents the culmination of a process which began (formally) in May this year, when the Prime Minister announced the establishment of five working groups.
Australia: All aboard the omnibus! What will proposed changes to the Fair Work Act mean for your business? | Lexology
In brief The Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 ("Bill") was introduced into Federal Parliament on 9 December 2020. If passed, this "omnibus" Bill will represent the most change to our workplace relations laws since the introduction of the Fair Work Act 2009 (Cth) ("FW Act"). The Bill represents the culmination of a process which began (formally) in May this year, when the Prime Minister announced the establishment of five working groups.
Australia: Lessons from a pandemic - What COVID-19 has taught us about managing a workforce through times of change | Lexology
In brief There is no denying we were all caught off-guard by the speed and force with which COVID-19 struck every aspect of Australian life. As some parts of the country slowly begin to emerge from COVID-19 restrictions (albeit uncertainly), our attention inevitably turns to the question: "what can we learn for next time?" Many sentimental answers are sure to be proffered by feel-good television specials over the coming months.
The renewed case for co‐operation in marketing British apples
To read the full version of this content please select one of the options below: Please note you do not have access to teaching notes Michael W. Starkey (Senior Lecturer in Marketing, at De Montfort University, Leicester, UK) Mary Carberry‐Long (Lecturer in Marketing and Information Technology, at De Montfort University, Leicester, UK) Abstract The English apple industry still faces serious difficulties despite some movement towards market orientation.
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