Leading employment lawyer outlines changes that could catch businesses out
Issues around enterprise bargaining are some of the biggest things employers need to be aware of, according to a leading employment lawyer in Melbourne, because of a change in dynamics bought about by changes to legislation.
“There’s been an increased prevalence of industrial action in support of bargaining claims as well. The ability of unions to request bargaining to commence is a big way this has all escalated. You’re seeing more employers caught on the back foot now,” Peter McNulty, Partner at Ashurst Employment Lawyers in Melbourne, told HRD.
McNulty added that, to negate issues down the line, employers need to be better prepared for when enterprise agreements end so preparations for potential bargaining are already underway.
McNulty will speak at the upcoming Employment Law Masterclass in August, where he’ll unpack how HR can plan ahead to avoid last-minute chaos. The key, he says, lies in deep internal alignment.
“Having a clear understanding and idea about what an employee wants to get out of bargaining, it’s becoming increasingly difficult to achieve productivity. Looking at how you can reform your mechanisms and processes that aren’t a surprise for workers can help ease the burden.”
“Clear communication and planning are the recipe for success in these cases,” McNulty outlined, “Because it shouldn’t need to be bargaining that makes you change. You need to understand what employers are seeking and why.”
Issues that previously weren’t being considered by employees in bargaining are now becoming more prevalent, McNulty said, giving employers more to think about – especially with the advent of artificial intelligence (AI).
He noted that clauses in contracts are picking up traction to guarantee job security.
“There are worries AI could take jobs so requests for formal support or guidelines on how new technologies are going to be used are things employers need to consider – especially if there’s a requirement down the line to transition workers into other jobs or potentially re-skill them.”
“Employees want to feel supported, heard, and respected,” McNulty emphasised.
So why the surge in bargaining activity? The answer, McNulty says, lies in greater employee awareness and legislative changes that empower action.
“The legislation is clearly pushing for more secure, permanent employment,” McNulty analysed, “tightening the use of fixed-term contracts, redefining employment categories, and regulating labour hire."
"At the same time, there's a parallel focus on flexibility—expanding the right to disconnect and flexible work requests—creating a dual emphasis that's now converging in enterprise bargaining."
The Employment Law Masterclass Australia is a must-attend event for HR leaders and employers navigating significant changes to workplace law in 2025. With post-election industrial relations reforms, evolving Fair Work priorities, and growing pressure on compliance, this online event delivers timely insights to help organisations manage legal risk with confidence.
Join us online on 27 August 2025 and explore key developments in restructuring, psychosocial hazards, enterprise bargaining, flexible work, and employee litigation. Gain practical strategies for conducting defensible investigations, supporting employee wellbeing, and adapting workplace policies to meet today’s legal and operational demands.
