3 proposed workplace law reforms you need to know about

There has been a series of proposed workplace law reforms announced at both federal and state levels in recent months. While each targets a different aspect of employment, together they signal a stronger focus on worker protections, minimum entitlements and formalising flexible work arrangements.

Stronger protections for federal public servants

The Albanese Government is pursuing legislation aimed at significantly improving safety for Commonwealth workers, contractors and volunteers, following a string of violent and aggressive incidents against frontline staff.

The Commonwealth Workplace Protection Orders Bill will allow courts to issue legally enforceable orders preventing individuals who have engaged in violence, threats or serious harassment from approaching a Commonwealth worker, workplace or class of workers for up to 2 years. Breaching such an order could result in fines or imprisonment.

The reform stems from a review into the safety of frontline public service workers commissioned after a 2023 attack on Services Australia team leader Joeanne Cassar, who was stabbed while covering for a security guard at an Airport West service centre. Her case highlighted gaps in the law, as at the time there was no legal avenue to stop a known risk from returning to the workplace. In the year following her attack, nearly 1,700 serious incidents were reported across Services Australia’s face-to-face services.

While designed to enhance worker safety, the legislation also ensures people subject to a Workplace Protection Order can still access essential government services. Courts will require agencies to put in place alternative arrangements, such as remote appointments by phone or video call, so that access to benefits and political communication is not restricted.

The Bill represents a significant step towards formal, court-enforceable safety measures across Commonwealth workplaces. It recognises that risks can occur not only in offices, but also in public spaces, mobile service points, and even at employees’ homes when they work remotely. Its protections extend beyond employees to include contractors, apprentices and volunteers, and apply wherever official Commonwealth work is being carried out.

If passed, the law will provide a clear legal pathway to respond to escalating threats, complementing existing criminal penalties and workplace safety policies. Agencies and organisations delivering Commonwealth services will need processes to identify risks early, gather evidence for court applications, and implement safe alternatives for access to government services for individuals subject to a Workplace Protection Order.

Victoria flags legislated right to work from home

The Victorian Government has announced plans to legislate a right for eligible Victorian workers to work from home at least 2 days per week, unveiling the proposal at the Victorian Labor Conference on 2 August.

The right would apply to workers who can perform their duties remotely, though the Government has not yet defined exactly what roles meet that threshold. Early discussion suggests it would cover employees whose duties are capable of being performed effectively outside the traditional workplace, excluding roles that require physical presence such as on-site manufacturing, in-person customer service or frontline health care.

Delivering such a reform will require some creative lawmaking. Victoria has referred most of its industrial relations powers to the Commonwealth, meaning the state does not have direct authority to legislate terms and conditions of employment in the same way it once could. As a result, the Government will need to look for alternative legislative pathways.

One option floated is amending the Equal Opportunity Act 2010 (Vic) to make refusal of reasonable work-from-home requests a form of discrimination, particularly for workers with caring responsibilities or disabilities. This could give employees a stronger legal basis to challenge employer refusals without altering the broader federal industrial relations framework.

The Victorian Government is now in a consultation phase to determine the types and sizes of businesses that will be covered, as well as to clarify the definition of remote work and who is an eligible worker. The aim is to settle on and implement a final model in 2026.

Federal bill to safeguard penalty and overtime rates in awards

The Federal Government has introduced the Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill, which would prevent any future reduction of penalty and overtime rates in modern awards, or their substitution with alternative benefits that result in employees being financially worse off.

If implemented, the reforms will limit award flexibility for employers by preventing the Fair Work Commission from approving applications for alternative pay structures that absorb penalty or overtime rates. For employers paying strictly under an award, the change won’t create new day-to-day obligations, but it will remove the possibility of negotiating alternative pay structures that trade off these entitlements. For employees, it provides certainty that these overtime and penalty rates will remain part of their minimum safety net.

The Bill also has indirect consequences for enterprise bargaining. While it does not impose penalty or overtime rates in enterprise agreements, it will affect the ‘Better Off Overall Test’ (BOOT) used by the Fair Work Commission when approving agreements. As the locked-in award rates will form part of the BOOT, agreements with rolled-up or all-in rates will need to be high enough to cover all award penalty and overtime entitlements. This is likely to make it harder for such agreements to pass approval, even if they provide other benefits.

Falling short of health and safety duties results in climber fatality
An indoor climbing company and two of its officers were recently convicted and fined for breaching their duties under the Work Health and Safety Act 2011 (NSW), in relation to an incident that resulted in the death of an experienced climber ...