Recent updates in Australian employment law are prompting employers to reassess workplace policies and practices. Key areas of focus include managing employee online influencers, changes to Work Health and Safety (WHS) laws, flexible work arrangements, multi-employer bargaining, and the increasing complexity of workplace investigations.
The presence of employee influencers on social media is presenting new challenges for employers. Issues such as confidentiality breaches, contempt of court, exposure to aggravated damages, recording from court premises without permission, psychosocial harm to other employees, and breaches of privacy laws have become more prominent. Employers are being advised to regularly review and enforce their confidentiality and social media policies.
Fourteen years after SafeWork Australia introduced model WHS laws aiming for national consistency, states and territories have implemented their own amendments. This has resulted in a varied legal landscape across jurisdictions. SafeWork Australia is currently reviewing these model laws to identify opportunities for improved harmonisation. More information about this review can be found on the SafeWork Australia website.
Workplace investigations are becoming more frequent as legal obligations expand around bullying, psychosocial risks, and preventing sexual harassment. Recent Fair Work Commission decisions have underlined the need for robust investigation processes.
There is also a shift in flexible work arrangements following changes made to the Fair Work Act 2009 (Cth) through the “Secure Jobs, Better Pay” reforms in 2022. Many employers are reducing remote work options that were introduced during the COVID-19 pandemic. The Fair Work Commission has issued 39 decisions regarding disputes over flexible work arrangements under section 65B of the Act. There is an observable trend toward stronger employee protections and increased scrutiny of employer compliance with statutory requirements. The Victorian government has proposed legislation that would require employers to allow at least two days per week of remote work if an employee’s job can be performed remotely.
Multi-employer bargaining has expanded under recent reforms. Unions are increasingly using these provisions; for example, McDonald’s franchisees in South Australia were recently subject to a supported bargaining authorisation—this decision is being appealed by McDonald’s at the Federal Court level. In another case involving coal mining operators Peabody, Whitehaven and Ulan Coal, collective bargaining was ordered even though they operate different mines with varying methods but mine the same commodity within one state; this decision is also under appeal.
These developments suggest continued activity in multi-employer bargaining into 2026.
Julie Mills (Counsel), Peta Banbas (Lawyer), Nikita Summers (Lawyer), Poppy Gammon (Graduate), and Helena Kastrissios (Graduate) contributed to this update.
“The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
Readers should take legal advice before applying it to specific issues or transactions.”