2025-2026 Changes to Workplace Laws & Regulations
- Sep 30, 2025
- 2 min read
Updated: 2 days ago
Why is it important for employers to keep track of changes to workplace laws and regulations?
As an employer, it is important to proactively manage HR-related risks. This applies to any workplace regardless of the industry or jurisdiction.
Legislative changes can increase employers’ non-compliance risk. The penalties for non-compliance have never been higher, even if it’s an honest mistake.
For example, under Closing Loopholes laws, incorrectly classifying an employee as an independent contractor exposes employers to:
Serious penalties for sham contracting - the maximum penalty is $18,780 for individuals and $93,900 for corporations per contravention.
Serious penalties for intentional underpayment of your employee’s lawful entitlements - the financial penalties are severe and can include up to 10 years in prison.
Additional penalties for breaching your taxation and superannuation obligations.
In another example, the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 is a model code that establishes sexual and gender-based harassment as a known psychosocial risk. While the code itself provides guidance, failure to follow it can be used as evidence of a breach of the WHS Act, which carries severe maximum penalties:
Corporations: Over $16 million per contravention.
Individuals: Over $3 million per contravention and potential imprisonment.
How can employers avoid unnecessary risks and costly penalties?
In an era of record-high penalties and heightening regulatory scrutiny, passive compliance is no longer a viable strategy for any organisation. Whether you are managing a small business, a large hospital, a community service organisation, or a local council, protecting your operations requires a disciplined and proactive approach.
When laws and regulations change, you can safeguard your organisation from avoidable exposure by:
Systematically tracking employer obligations: Move beyond "monitoring" to active management. Ensure your leadership team is alerted to legislative shifts, long before they take effect.
Conducting regular, deep-dive reviews: Periodically audit your Human Resources (HR), Industrial Relations (IR), and Payroll frameworks. Ensuring your Work Health and Safety (WHS) practices account for psychosocial risks is now a legal necessity.
Aligning internal policies with current standards: An "honest mistake" in employee classification or safety protocols can escalate into a financial crisis. Transitioning to a model of proactive prevention allows you to identify vulnerabilities before they become liabilities.
The focus must shift from reactive damage control to rigorous risk management. By embedding these practices into your daily operations, you protect not only your bottom line but also the safety and culture of your workplace.
Free Download: Compliance Checklist for Employers
WorkPlacePLUS has developed a free 2025-2026 compliance checklist.
Track and manage your employer obligations with our quick-glance timeline of recent and upcoming changes to workplace laws and regulations. Download the checklist >
HR Compliance and Risk Management Support
WorkPlacePLUS can support you to meet your employer obligations under workplace laws and regulations. We offer
Let WorkPlacePLUS take the stress out of workplace compliance so you can focus on the day-to-day needs of your business or organisation.
For more information, please contact us today.
