Workplace relations legislation changes that affected you in 2025

The financial year is coming to a close, and what a year it has been for workplace relations! There has been a deluge of changes to legislation affecting workplaces across the country. Here is a recap of the key changes you need to know about.

For information on legislation changes and key court decisions in real time, consult your Employment Law Handbook. Not subscribed? With the end of financial year fast approaching, it’s a good time to consider trialling the Handbook to see what it can do for you.

Onto our recap …

Commonwealth

On 4 April 2025, laws commenced requiring employers with 500 or more employees to choose three gender equality targets from six, and include them in their public report to the Workplace Gender Equality Agency (WGEA). Employers must meet or show improvement over a 3-year period, unless they have a reasonable excuse. Targets cover issues like the gender pay gap, parental leave support and sexual harassment policies. On 26 May 2026, legislation gave these employers 12 months at the end of the 3 years before requiring them to set targets for the next 3-year cycle (although they will still need to deliver the standard WGEA yearly reports).
On 30 August 2025, amendments to the Fair Work Act 2009 (Cth) (FW Act) commenced to insert a new rule requiring the Fair Work Commission, in exercising its powers to make, vary or revoke modern awards, not to reduce penalty or overtime rates to which employees are entitled, and not to include terms in modern awards that substitute employees’ entitlements to penalty or overtime rates if this would have the effect of reducing the additional remuneration an employee would otherwise receive.
On 7 November 2025, amendments to the FW Act commenced to ensure employees do not lose employer-funded paid parental leave if their baby is stillborn or dies shortly after birth. Employers cannot refuse or cancel PPL in these circumstances unless the employee requests cancellation or their contract provides an alternative arrangement. Read more on this here.
On 29 October 2025, laws commenced to allow Commonwealth entities to apply to a court for a Workplace Protection Order to protect Commonwealth workers (employees, contractors, volunteers) from threats or actual harm. Read more on this here.
On 1 July 2026, laws will commence requiring employers to pay superannuation within 7 business days of when it is owed, instead of quarterly.

Labour hire licensing schemes

On 29 January 2026 in South Australia, the labour hire licensing scheme was extended to all labour hire firms and workers, not just five sectors. The legislation also updated definitions of ‘labour hire services’, ‘labour hire worker’ and ‘supplier’ to align with laws in Victoria, Queensland and the Australian Capital Territory.
In Victoria, the fit and proper person test for labour hire licence applicants was strengthened, with the powers of the Labour Hire Authority to request documents and information expanded.

Long service leave portability schemes

In Western Australia, the portable long service leave scheme for the construction industry expanded on 30 June 2025 by broadening the range of workers covered.
On 19 November 2025, ACT workers were given more flexibility on when they can receive payment of their long service leave entitlement.

Wage theft

On 2 April 2026 laws providing for Victoria’s wage theft offence were repealed and its Wage Inspectorate was retitled Workforce Inspectorate Victoria, with its compliance and enforcement functions directed to criminality in public construction, child employment, long service leave entitlements and obligations to certain categories of independent contractors.

Vilification, sexual harassment and bullying

On 15 April 2026, Victoria’s anti‑vilification laws were expanded by creating a new framework of criminal and civil prohibitions on unlawful vilification and incitement, including in workplaces. The Equal Opportunity Act 2010 (Vic) was amended to extend protections to more attributes and to apply vicarious liability to employers.
On 1 July 2026, laws in Victoria will take effect to limit when a workplace non-disclosure agreement (NDA) can be used, allow complainants to terminate an NDA after 12 months, and to render NDAs unenforceable in certain circumstances (e.g. when preventing disclosure of material information or blocking workplace investigations).
On 3 July 2025, legislation in New South Wales took effect to establish a new anti‑bullying and sexual harassment jurisdictions in the NSW Industrial Relations Commission (NSWIRC) for workers excluded from similar FW Act jurisdictions. Victimisation protections were expanded and an objective test for the reverse onus of proof introduced.

Transport sector gig workers

On 3 July 2025 in New South Wales, transport sector gig workers were given strengthened protections and rights within the NSWIRC.

Non-profit organisation fined $190,000 following vulnerable worker’s death
In an important decision regarding the duty to ensure vulnerable workers are protected, a not-for-profit Victorian organisation that provides inclusive employment to people living with a disability or experiencing disadvantage, was fined $190,000 ...

Workplace relations legislation changes that affected you in 2025–2026