Recent Workplace Relations Changes

Large employers who downsize and become small businesses (falling below the 15-employee threshold) in the period leading up to insolvency are not exempt from paying redundancy pay.

Businesses undergoing insolvency or receivership

Labour hire employees must be paid what they would receive doing the same work as employees of the host employer.

Businesses who use or intend to use labour hire and labour hire businesses

Workplace and union delegates have new workplace rights and protections including access to paid time off for training, and protection from being hindered from exercising their rights as a workplace delegate.

All employers

Employers are prohibited from taking adverse action against or terminating the employment of a person on the basis that they are subject to family and domestic violence.

All employers

Employees can take protected industrial action, through a protected action ballot order (PABO), even if some bargaining representatives disobey an order of the Fair Work Commission to attend a conference.

Businesses bargaining for an enterprise agreement

Union officials no longer require an entry permit to enter a workplace should they be assisting a health and safety representative perform their functions under state or territory WHS law.

All employers

Fair Work Commission to arbitrate over enterprise agreement negotiations. Outcome unable to provide any worse terms for employees.

Businesses bargaining for an enterprise agreement

Strengthened arrangements against sham contracts.

Businesses bargaining for an enterprise agreement

Five times (5x) increase to the value of civil penalties.

All employers

Franchisees will be able to bargain together under the single-EA stream.

Franchisees bargaining for an enterprise agreement

Businesses within multi-enterprise agreements (MEA) are able exit their existing MEA to bargain for a single enterprise agreement.

Businesses within multi-enterprise agreements

Delegates’ rights term must be included in workplace determinations and Enterprise Agreements.

All employers

Employees have the right to refuse to monitor, read, or respond to contact, or attempted contact, from an employer outside of the employee’s working hours unless the refusal is unreasonable.

Businesses other than small businesses. Small business employers are affected from 27 August 2025.

Digital “gig” workers to gain rights through Minimum Standard Orders, Minimum Standards Guidelines, Collective Agreements. They also gain protection from unfair contract terms, unfair deactivation/termination.

Businesses engaging with Digital Labour Platform and platform workers.

Owner Drivers gain rights through Minimum Standard Orders, Minimum Standards Guidelines, Collective Agreements, and protection from unfair contract terms and unfair deactivation/termination.

Businesses and contractors within a road transport supply chain.

Employers no longer required to offer casual conversion. Casual employees to give notice of intent to change employment to permanent. Disputes to be resolved through Fair Work Commission.

All employers with casual employees or intending to hire casual employees.

The intentional underpayment of wages, including superannuation, is a criminal offence. Employers will only be criminally liable where they intentionally underpay employees.

All employers. Small Business Employers can avoid criminal penalties by showing attempts were made to achieve wage compliance.

Small businesses must adjust to these new requirements, which give employees the right to refuse to monitor, read, or respond to contact, or attempted contact, from an employer outside of the employee’s working hours unless the refusal is unreasonable.

Small businesses.

Employers must pay superannuation guarantee (SG) contributions on the same day as payroll, with a 7-business-day deadline, regardless of business size.

All employers.