The NSW Parliament has narrowly passed the Work Health and Safety Amendment (Digital Work Systems) Bill 2025, introducing the most significant update to the State’s WHS framework in more than a decade. The reforms, an Australian first, respond to the rapid expansion of AI‑enabled management tools, algorithmic scheduling, digital surveillance technologies and automated decision‑making systems
WARNING: Content that may be distressing
The recent sentencing of a Commonwealth government department (Department) for failing to manage psychosocial risks arising during performance management processes is a defining moment for Australian workplaces. It reinforces a point that regulators have been signalling for some time: management of psychosocial hazards are a core part of an
The author acknowledges the contribution of Scott Meagher.
Safe Work Australia (SWA) has published amendments to the model Work Health and Safety (WHS) Act and Regulations which expand incident notification requirements, update licensing arrangements for crane operations and align regulations with current practices. This article focusses on the amendments concerning incident notification.
Victoria’s Occupational Health and Safety (Psychological Health) Regulations 2025 (new Regulations) came into effect on 1 December 2025.
The new Regulations require employers to, so far as is reasonably practicable, identify psychosocial hazards and eliminate any risk associated with a psychosocial hazard. If it is not reasonably practicable to eliminate a risk associated with a
In another important decision regarding wage compliance, the Full Court of the Federal Court has handed down a ruling with major implications for franchisors. The decision confirms that franchisors can be held legally responsible for the wage theft of their franchisees, even where the case against the franchisee relies on a “reverse onus of proof”.
What employers need to know:
Adapting a trauma-informed approach to workplace investigations can greatly reduce harm, improve legal compliance, and lead to more accurate outcomes. By prioritising employees’ safety, trust, and fairness, organisations foster a culture of respect and accountability – ultimately strengthening employee engagement and reducing psychosocial risk.
For decades, the model for workplace
2025 has seen a slew of Fair Work Commission (Commission) decisions considering applications for extension of time, in circumstances where applicants have missed the statutory deadline for filing their unfair dismissal, general protections or unlawful termination claims. Successfully challenging an application that has been filed late is one way for an employer to dispense with
Acknowledgements to Melinda Bell and Lyndel David for their contributions.
On Friday, 5 September 2025, the Federal Court of Australia (Court) issued an important decision in Fair Work Ombudsman v Woolworths Group Limited & Ors [2025] FCA 1092 (FWO v Woolworths). The decision offers guidance to employers on how to ensure compliance with
There have been some important amendments to the Industrial Relations Act 1996 (NSW) (IR Act) and the Industrial Relations (General) Regulation 2020 (NSW) (IR Regulations) as a result of the Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 (NSW) (the Bill) which was passed by the NSW Government on 26 June 2025.
The
On 6 August 2025, the High Court handed down the decision of Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 (Helensburgh Coal Decision), paving the way for the Fair Work Commission to make inquiries into whether an employer could make changes to its workforce, particularly with respect to its use of contractors (including