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 Complex HR consulting and outsourcing HR and employment reviews SCHADS reviews and payroll compliance solutions Psychosocial risk assessments Workplace cultural reviews + more 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.

Artificial intelligence (AI) is changing how employees understand and exercise their workplace rights. Employees are increasingly using AI tools to review employment contracts, compare their pay against modern awards, draft workplace grievances and better understand the Fair Work Act 2009. At the same time, the Fair Work Commission (FWC) has introduced a new online application process for unfair dismissal and general protections dismissal claims, encouraging applicants to confirm they meet the legal requirements before lodging a claim. While these developments don't change employers' legal obligations, they do raise the standard of workplace compliance. Employers should expect employees to ask more informed questions, identify potential issues earlier and seek clarification when something appears inconsistent. The FWC’s new application process The FWC has replaced downloadable application forms for most unfair dismissal and dismissal-related general protections claims with an online application process. Applicants are guided through threshold questions before they can proceed, confirming matters such as eligibility, application timeframes and the legal basis of their claim. They must also acknowledge they are commencing legal proceedings, understand that application fees apply, verify the accuracy of the information provided and disclose whether AI was used to prepare their application. These changes do not alter employees' rights under the Fair Work Act 2009, but they reinforce that applications should have a genuine legal basis before being lodged. The FWC's updated application process changes how claims are submitted, not the legal test that applies. Employers should continue to focus on compliant workplace practices rather than assuming claims will reduce. AI is making workplace issues easier to identify AI is becoming a common starting point for employees seeking information about their workplace rights. Employees are using AI to review contracts, interpret award provisions, analyse payslips, draft responses to disciplinary matters and better understand issues such as bullying, harassment and adverse action. AI can be useful for identifying potential concerns, but it cannot assess all the facts, workplace context or the interaction between legislation, modern awards, enterprise agreements and contractual obligations. Human expertise remains essential when interpreting complex workplace relations issues. AI doesn't create new workplace rights. It simply makes workplace information more accessible. If compliance gaps already exist, employees are now more likely to identify and question them. Compliance has never been more important As employees become better informed, employers should expect greater scrutiny of payroll practices, workplace decisions and employment documentation. Regulators, including the Fair Work Ombudsman (FWO), continue to focus on payroll compliance, accurate record-keeping and employer obligations under workplace laws. The Fair Work Ombudsman has significant compliance and enforcement powers, including issuing Compliance Notices, Infringement Notices and commencing court proceedings where serious or repeated breaches are identified. Maintaining compliance with the Fair Work Act 2009, the National Employment Standards (NES), applicable Modern Awards, enterprise agreements and record-keeping obligations is essential, not only to reduce legal risk, but also to demonstrate compliance if concerns are raised by an employee or regulator. Four areas employers should review Rather than focusing on AI itself, employers should review the systems that underpin workplace compliance. Payroll compliance Regular payroll audits help identify award interpretation issues, classification errors and underpayment risks before they become formal disputes. Manager capability Consistent decision-making, procedural fairness and effective communication remain critical to reducing workplace complaints. Discover training programs > Policies and documentation Employment contracts, workplace policies and procedures should accurately reflect current legislative obligations and be reviewed regularly. Record keeping and investigations Well-documented employment decisions and appropriately managed workplace investigations provide valuable evidence if matters are reviewed by the FWC or the FWO. Best practice HR is your best defence AI is changing how employees access workplace information, but it isn't changing the law. Organisations with compliant payroll systems, capable managers, clear policies and sound record-keeping are well placed to respond when questions or complaints arise. Those same foundations also reduce the likelihood of workplace issues escalating into formal disputes or regulatory action. Workplace Plus helps employers strengthen workplace compliance through payroll audits, HR consulting, workplace investigations, manager training and practical workplace relations advice. We support organisations to reduce risk and achieve their organisational goals while meeting their obligations under current employment laws. For more information, please contact us today.

Australia's mining industry is under intense scrutiny again, with major class actions against some of the country's largest employers alleging systemic sexual harassment, gender discrimination, workplace violence and retaliation. While the allegations are specific to the mining sector and remain before the courts, the legal and governance issues extend well beyond remote fly-in, fly-out (FIFO) operations. For employers of every size across every industry, these cases serve as another reminder that preventing workplace sexual harassment is no longer simply a matter of policy. It is a core workplace health and safety, governance and employment law obligation. Organisations that fail to prevent unlawful workplace behaviour can face significant legal, financial and reputational consequences. The Class Actions Making Headlines Recent Federal Court proceedings have commenced or continue against several major mining companies, with thousands of current and former employees alleging systemic workplace misconduct over many years. The allegations include sexual harassment, sexual assault, gender discrimination, hostile workplace cultures, retaliation against complainants and failures to adequately respond to complaints. These proceedings follow the Western Australian Parliament's 2022 Enough is Enough inquiry into sexual harassment against women in the FIFO mining industry, which identified widespread cultural issues and led to significant industry reform initiatives. While the courts will ultimately determine the allegations before them, the broader message for employers is already clear: workplace culture, complaint handling and preventative systems are now subject to far greater scrutiny than ever before. Modern employers are increasingly judged not only on how they respond to workplace complaints, but on what they did to prevent inappropriate behaviour occurring in the first place. Employers’ Legal Obligations Australian employers have legal obligations to take proactive steps to prevent workplace sexual harassment, not simply respond after complaints arise. Under the Sex Discrimination Act 1984, employers have a positive duty to take reasonable and proportionate measures to eliminate: sexual harassment sex-based harassment discrimination on the ground of sex hostile workplace environments on the basis of sex victimisation. These obligations sit alongside duties under Australia's work health and safety legislation, including the Work Health and Safety Act 2011 (in most jurisdictions) and the Occupational Health and Safety Act 2004 (Vic), which require employers to manage psychosocial hazards and protect workers' psychological health. An employer does not need to intend for sexual harassment to occur to face legal consequences. Increasingly, regulators focus on whether reasonable and proportionate steps were taken to prevent unlawful conduct before it occurred. Prevention Requires More Than a Policy Most employers already have respectful workplace policies. However, regulators and courts increasingly expect organisations to demonstrate those policies are actively implemented. For example, employers should be able to demonstrate they have: regular training for workers and managers trusted reporting pathways effective complaint handling processes leaders who model respectful workplace behaviours regular monitoring of workplace culture and psychosocial risks fair and independent workplace investigations where required. A workplace policy that sits unread is unlikely to demonstrate compliance with an employer's legal obligations. Confidential Settlements Don't Remove Employer Obligations Recent reporting surrounding the mining class actions has renewed discussion about the historical use of confidentiality agreements (NDAs) following workplace complaints. While confidential settlements may resolve individual legal disputes, they do not remove an employer's ongoing obligations under discrimination, work health and safety or employment laws. Organisations remain responsible for addressing systemic risks, preventing further harm and maintaining a safe and respectful workplace. Good Governance Means Prevention and Response Even organisations with strong preventative measures may still receive workplace complaints. Depending on the circumstances, the appropriate response may involve preliminary fact-finding, facilitated discussions, management action or a formal investigation. Where an investigation is required, procedural fairness, investigator independence and evidence-based decision-making remain essential. Poorly managed investigations can create additional legal and employee relations risks, even where inappropriate workplace behaviour is ultimately established. At the same time, boards, executives and senior leaders are increasingly expected to oversee workplace culture, monitor emerging psychosocial risks and ensure appropriate systems are in place before issues escalate. Important Lesson for Australian Employers The mining sector class actions reinforce an important lesson for every Australian employer: preventing workplace sexual harassment requires more than good intentions. Employers should ensure they have robust systems to prevent inappropriate workplace behaviour, respond appropriately when issues arise and continuously review whether their workplace culture supports psychological safety and respectful conduct. Workplace Plus supports employers with: independent workplace investigations workplace complaint management psychosocial risk and culture reviews respectful workplace and sexual harassment training mentally healthy workplace training programs HR consulting and compliance support workplace policies and procedures Whether you're reviewing your current approach or responding to a workplace complaint, our experienced HR consultants can help you navigate your obligations with confidence. For more information, contact us today.

What is SCHADS? The Social, Community, HomeCare and Disability Services Industry Award 2010 (MA000100) (SCHADS Award) details the rates of pay for each level and each pay point for employees working in the social and community services sector. Consisting of over 100 pages of terms and conditions, the SCHADS Award is one of Australia’s most complex modern awards to decipher and implement correctly. Why is SCHADS training important? As a disability and community care provider, it is important to keep track of your employer obligations under the SCHADS Award, to ensure that you are paying staff at least the minimum entitlements and mitigating the risk of a breach. The penalties for underpaying staff have never been higher, even if the infringement is an honest mistake. Making payroll mistakes exposes you to the risk of costly back payments and penalties general protections breaches serious criminal charges for intentional underpayment Read some recent cautionary tales > About the SCHADS: Know Your Award training program SCHADS Know Your Award, delivered by WorkPlacePLUS, is a highly interactive half-day training session designed to help you navigate the complexities of the SCHADS Award and get your payroll compliance right. Deep dive into the SCHADS Award, including interpreting and applying the latest amendments and troubleshooting common SCHADS hotspots. This program is facilitated in a live, interactive online session. Class sizes are kept small to ensure participants can ask questions and truly understand the content. Suitable for anyone who works with the SCHADS Award, including but not limited to payroll, rostering, HR, finance, operational and management roles in the healthcare, disability, aged care, not-for-profit, private practice and public sectors. Why choose SCHADS training delivered by WorkPlacePLUS? SCHADS training delivered by WorkPlacePLUS gives you real confidence to interpret and apply the Social, Community, Home Care and Disability Services Industry Award correctly. Since 2022, WorkPlacePLUS has been delivering comprehensive SCHADS Know Your Award training programs to organisations Australia-wide. Don’t risk costly back payments, penalties, or compliance breaches! Unlike free webinars that often miss the mark, SCHADS Know Your Award is a highly interactive training session facilitated by senior HR consultants with extensive experience interpreting the SCHADS Award and giving practical workplace relations advice to help you decipher and implement the Award correctly. Our half-day workshop is designed to help you understand all the SCHADS essentials and get your payroll compliance right. Small class sizes to address questions and troubleshoot real SCHADS scenarios Practical tools and strategies to support your payroll and rostering decisions Led by senior HR consultants with extensive hands-on SCHADS experience Tailored to payroll, rostering, HR, finance, operational and management roles Available Dates & Registration* 15 July 2026 - SOLD OUT 9 September 2026 - REGISTER HERE > 18 November 2026 - REGISTER HERE > * Some dates are tentative based on registration numbers. Also Available: Award & EA Training Programs for Organisations WorkPlacePLUS offers SCHADS Know Your Award and customised enterprise agreement training programs for teams, facilitated onsite or online, scheduled at a time that suits your organisation. For bookings or more information, please contact us today.

What is the Nurses Award pay guide? The Nurses Award Pay Guide contains the minimum pay rates for full-time, part-time and casual employees in the Nurses Award [MA000034]. Why is it important to refer to the newest pay guide? Pay rates change from 1 July each year and sometimes the Fair Work Commission makes further changes to pay rates throughout the year. To avoid unlawful underpayment, always refer to the newest pay guide. When do changes to pay rates in the Nurses Award apply? There have been some changes to pay rates in the Nurses Award [MA000034]. The changes apply from the first full pay period on or after 1 July 2026. Download the current Nurses Pay Guide > Discover our payroll compliance solutions > Get in touch with WorkPlacePLUS >

What is the Aged Care Award pay guide? The Aged Care Award Pay Guide contains the minimum pay rates for full-time, part-time and casual employees in the Aged Care Award [MA000018]. Why is it important to refer to the newest pay guide? Pay rates change from 1 July each year and the Fair Work Commission may make further changes to pay rates throughout the year. To avoid unlawful underpayment, always refer to the newest pay guide. When do changes to pay rates in the Aged Care Award apply? There have been some changes to pay rates in the Aged Care Award [MA000018]. The changes apply from the first full pay period on or after 1 July 2026. Download the current 2026 Aged Care Pay Guide > Discover our payroll compliance solutions > Get in touch with WorkPlacePLUS >

What is the Aboriginal and Torres Strait Islander Health Award Award pay guide? The Aboriginal and Torres Strait Islander Health Award Pay Guide contains the minimum pay rates for full-time, part-time and casual employees in the Aboriginal and Torres Strait Islander Health Award [MA000115]. Why is it important to refer to the newest pay guide? Pay rates change from 1 July each year and the Fair Work Commission may make further changes to pay rates throughout the year. To avoid unlawful underpayment, always refer to the newest pay guide. When do changes to pay rates in the Aboriginal and Torres Strait Islander Health Award Award apply? There have been some changes to pay rates in the Aboriginal and Torres Strait Islander Health Award [MA000115]. The changes apply from the first full pay period on or after 1 July 2026. Download the current 2026 ATI Health Award Pay Guide > Discover our payroll compliance solutions > Get in touch with WorkPlacePLUS >

What is the HPSS Award Pay Guide? The Health Professionals and Support Services Award Pay Guide contains the minimum wages and key pay rates that apply to employees covered by the Health Professionals and Support Services Award [MA000027]. The guide includes rates for full-time, part-time and casual employees and reflects the most recent changes made by the Fair Work Commission. Why is it important to use the latest pay guide? Award wages can change through annual wage reviews and other Fair Work Commission proceedings. Employers who rely on outdated rates risk underpaying employees and breaching workplace laws. Always ensure payroll systems, employment contracts and remuneration arrangements are based on current pay rates. What's changing under the HPSS Award? The Fair Work Commission has introduced significant changes to the Health Professionals and Support Services Award as part of its gender-based undervaluation review. For many degree-qualified allied health professionals, minimum award rates will increase progressively over several years. For example, the benchmark minimum rate for many AQF Level 7 qualified health professionals is expected to increase by almost 30% between October 2026 and June 2030 through a series of phased increases. These increases are separate from future Annual Wage Review wage increases, meaning further increases may also apply each year. What should allied health employers do now? Now is an ideal time to review: award classifications employment contracts salary arrangements payroll systems workforce and remuneration planning Many allied health employers are assessing how future wage increases may impact their staffing costs and employment arrangements over coming years. Download the current HPSS Pay Guide > Discover our payroll compliance solutions > Get in touch with WorkPlacePLUS >

EOFY is an important time for employers to review payroll systems, employment documentation and workplace compliance obligations to ensure employees are being paid correctly and legal requirements are being met. Several workplace law and payroll changes commencing from 1 July 2026, including Payday Super reforms, may impact payroll administration, cashflow management, onboarding procedures and broader compliance processes. Minimum Wage and Award Changes Effective 1 July 2026 Under the Fair Work Act 2009, the Fair Work Commission (FWC) conducts an Annual Wage Review each year to determine whether increases should apply to the National Minimum Wage and modern award minimum wages. Employers should monitor the 2025–2026 Annual Wage Review outcome closely and ensure payroll systems are updated accordingly. Updated award pay guides are typically released by the Fair Work Ombudsman following the decision. Join our newsletter to be notified as soon as the new pay guides are released, and to access a copy of the following new pay guides: Aboriginal and Torres Strait Islander Health Award [MA000115] Aged Care Award [MA000018] Clerks Award [MA000002] Health Professionals and Support Services Award [MA000027] Nurses Award [MA000034] Professional Employees Award 2020 [MA000065] SCHADS Award [MA000100] Preparing for Payday Super Effective 1 July 2026, under the Treasury Laws Amendment (Payday Superannuation) Act 2025, employers will be required to pay superannuation guarantee contributions at the same time employees are paid their wages, replacing the current quarterly payment model. Super contributions will need to reach employees’ super funds within seven calendar days of payday. For businesses that currently process super quarterly, Payday Super may result in: substantially more frequent payment processing increased payroll administration cashflow impacts tighter payroll reconciliation requirements greater scrutiny of payroll accuracy and timing Importantly, unpaid or late superannuation may expose employers to: Australian Taxation Office (ATO) enforcement action super guarantee charge liabilities interest and penalties potential Fair Work Act claims for unpaid entitlements From 1 July 2026, Australian employers can no longer treat superannuation as a quarterly payroll task. Under the new Payday Super reforms, compulsory super contributions must generally be paid at the same time as wages and received by the employee’s super fund within seven days of payday. Employers should begin preparing well before 1 July 2026 by reviewing their payroll, superannuation and onboarding processes to ensure systems, cashflow management and payroll practices are equipped to manage more frequent super payments and ongoing compliance obligations. Businesses using manual or partially manual payroll systems may require significant operational changes before the reforms commence. For more information about the practical implications of Payday Super, read What Does Payday Super Mean for Employees in Australia? > Paid Parental Leave Changes Continue Further changes to Paid Parental Leave (PPL) arrangements will also apply from 1 July 2026 under the More Support for Working Families Act 2024. From 1 July 2026, the total Government-funded Paid Parental Leave entitlement will increase to 26 weeks. The 2026 increase represents the final stage of the Government’s Paid Parental Leave expansion. Although Paid Parental Leave is funded by the Australian Government, employers should ensure: internal parental leave policies remain current employee handbooks and HR documentation are updated managers understand leave entitlements and flexibility provisions payroll systems correctly manage employer-funded and government-funded leave arrangements The expansion of Paid Parental Leave to 26 weeks from 1 July 2026 reflects a continuing shift toward more family-friendly workplace standards in Australia, with employers expected to maintain compliant and up-to-date leave practices. Be Proactive with EOFY HR & Payroll Compliance Reviews Payroll errors can quickly accumulate into underpayment risk, particularly for employers managing: modern award classifications penalty rates and allowances annualised salary arrangements casual loading calculations overtime and time-in-lieu arrangements Conduct a payroll compliance review to ensure your rates, classifications and systems remain accurate. EOFY is also an appropriate time to review broader HR and compliance processes, including: employment contracts independent contractor arrangements workplace policies record-keeping practices timesheet and rostering systems onboarding documentation payroll audit trails Fair Work Information Statement processes With increasing regulatory scrutiny on wage compliance and underpayments, employers are expected to demonstrate proactive governance and due diligence across both payroll and HR systems. Need Help Preparing for EOFY Compliance? WorkPlacePLUS supports employers across Australia with payroll compliance reviews, HR audits, award interpretation, payroll compliance training and practical employee and industrial relations advice. Preparing early can help reduce compliance risk, improve payroll accuracy and avoid costly underpayment issues. For more information and tailored support, please contact us today.

It is important to keep track of your employer obligations and ensure that you are paying your staff their correct entitlements. For example, when changes are made to Modern Awards, it's important to ensure that you update your payroll systems and mitigate the risk of a breach under the Award. Employers also need to be aware that when wages are increased, allowances need to be increased accordingly. Failing to pay the correct allowances will effectively result in the unlawful underpaying of staff. Explore our Payroll Compliance Solutions > Download the current Pay Guide: SCHADS, Health Professionals, Nurses, Aged Care, ATSI Health > What is an Enforceable Undertaking? An Enforceable Undertaking is a written agreement between the Fair Work Ombudsman (FWO) and an employer who hasn’t complied with their legal responsibilities under Australian Employment Regulations. Enforceable Undertakings are used by the FWO instead of taking the employer to court over non-compliance, such as not paying employees in accordance with their Enterprise Agreement. The employer needs to agree to back-pay employees for wages not paid and be audited for future compliance. Recent examples of Enforceable Undertakings in the healthcare, social and community services, finance and education sectors: ▶︎ May 2026 - Southern Cross Care (WA) will rectify approximately $5.4 million in underpayments, including interest and superannuation, to nearly 2,000 staff as part of an Enforceable Undertaking with the FWO. Learn more > ▶︎ April 2026 - Southern Cross Care (NSW & ACT) will rectify more than $11.7 million in underpayments, including interest and superannuation, to 5,500 staff as part of an Enforceable Undertaking with the FWO. Learn more > ▶︎ March 2026 - Uniting Communities Incorporated will return more than $2.6 million in underpayments, including interest and superannuation, to about 1,500 current and former underpaid staff as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ December 2025 - The University of Tasmania will complete more than $21.4 million in payments, including interest and superannuation, to over 10,000 underpaid staff as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ December 2025 - Monash University will complete more than $20.7 million in payments, including interest and superannuation, to 10,877 underpaid staff as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ November 2025 - Queensland University of Technology has completed more than $1.9 million in payments, including interest and superannuation, to hundreds of staff it underpaid, as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ November 2025 - Westpac Banking Corporationhas back-paid nearly 47,000 staff more than $50 million and signed an Enforceable Undertaking with the FWO. Learn more > ▶︎ September 2025 - The University of Wollongong will complete more than $6.6 million in payments, including interest and superannuation, to 5,340 underpaid staff as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ June 2025 - Griffith University will complete more than $8.34 million in payments, including interest and superannuation, to 5,457 underpaid staff as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ April 2025 - A South Australian allied health services charity has signed an Enforceable Undertaking with the FWO to improve its workplace compliance after underpayments exceeding $76,000. Learn more > ▶︎ March 2025 - La Trobe University will complete more than $10.77 million in payments, including superannuation and interest, to more than 6,700 underpaid staff as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ February 2025 - Relationships Australia Queensland has back-paid 980 staff more than $5.6 million, including superannuation and interest, and signed an Enforceable Undertaking with the FWO. Learn more > ▶︎ December 2024 - The University of Sydney will complete more than $23 million in payments, including superannuation and interest, to more than 14,000 underpaid staff as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ December 2024 - The University of Melbourne will complete $72 million in payments, including superannuation and interest, to more than 25,000 underpaid staff as part of entering into an Enforceable Undertaking with the FWO. Learn more > ▶︎ June 2024 - Not-for-profit charity World Vision Australia Pty Ltd has back-paid staff more than $6 million, including interest and superannuation, and has signed an Enforceable Undertaking with the FWO. Learn more > ▶︎ June 2024 - The FWO has commenced legal action for a second time against the sole trader operator of Kreating Real Change Disability Services in NSW for failing to comply with a Compliance Notice after underpaying worker entitlements under the SCHADS Award and NES. Learn more > ▶︎ May 2024 - Disability support charity Open Minds Australia Limited has back-paid staff about $4.2 million after breaching its own collective agreement and has signed an Enforceable Undertaking with the FWO. Learn more > ▶︎ April 2024 - Insurance Australia Group Limited (IAG) entities have back-paid workers more than $21 million owed under federal workplace laws and signed an Enforceable Undertaking with the FWO. Learn more > More than $2 billion back-paid to Australian workers over the last 5 years The Fair Work Ombudsman recovered $358 million for more than 249,000 underpaid workers in 2024-25, taking back-payments to workers to more than $2 billion across the last five years. According to the 2024-2025 Annual Report, the FWO entered into eight Enforceable Undertakings including a total of $47 million back-paid to employees in the financial year, and safeguards against future compliance issues within these employers. Of the eight, four were with universities. The FWO also issued also issued 1,220 Compliance Notices, recovering $8.2 million in unpaid wages for 3,438 workers, and recovered $7.3 million for 2,120 workers through dispute assistance. Fair Work Inspectors also handed out 743 fines for record-keeping or pay slip breaches, with $838,000 in penalties paid. How can employers avoid underpaying staff? To mitigate the risk of underpaying staff, employers should regularly review their enterprise agreements and the relevant Modern Awards to ensure that all mandatory payments, including hourly rates, overtime, penalties and allowances, are being paid correctly. In addition, make sure you are using valid, well-drafted employment agreements. For industrial relations support and practical assistance with workplace compliance, enterprise bargaining and business risk mitigation, please contact us today. Explore our Payroll Compliance Solutions >

1 in 5 Australians are affected by mental illness, and workplace stress is now widely recognised as a major workplace health and safety risk factor. Under various employment-based legislation, employers have a positive duty to manage the risk of psychosocial hazards and ensure that the working environment does not cause psychological or physical injury or worsen an existing condition. Psychosocial hazards are anything in the design or management of work that can affect an employee's mental health. Employers and managers play a crucial role in promoting a mentally healthy workplace and shedding some light on mental health issues that may be affecting colleagues at work. Your teams will naturally look to you for leadership and support, so it is important to know what support resources are available and how to discuss mental health with your staff. Here are 5 management tips promoting a mentally healthy workplace: 1. Conduct a Mentally Healthy Workplace Review – Take a WHS risk management approach to ensuring your workplace is equipped to manage the risk of psychosocial hazards in the workplace, including but not limited to bullying, discrimination, workplace sexual harassment and victimisation. 2. Educate and have tools ready – Review your organisation's mentally healthy workplace policy, learn about the signs and symptoms of work related stress and mental illness, provide training to your managers, and remind staff about the available support resources, such as an employee assistance program or contact officer. Explore Tools for workplace wellness > 3. Ask if everything is OK and listen – Look out for warning signs that something is off, such as mood, lateness, or a drop in performance; then act promptly and kindly to see if that person needs any support. 4. Arrange a workplace adjustment – For a staff member who is struggling, you can work together to negotiate a temporary adjustment of their role or workload, to help them get through their rough patch. Reasonable adjustments are changes to a job role or workplace that help someone with a mental health condition to keep working, or return to the workplace if they've taken time off. 5. Lead by example and keep the conversation alive – Encourage respectful behaviour by speaking out against gossip; demonstrate healthy work habits, such as taking regular breaks and “switching off” of work emails after hours. Reduce stigma and create a culture of support by discussing workplace wellbeing regularly, in meetings, newsletters and policy reviews. A positive, healthy workplace culture promotes mental wellbeing and brings out the best in people’s morale and productivity. Research also shows that a mentally healthy workplace can, on average, result in a positive return on investment. If you or someone you know is in need of immediate assistance, call Lifeline on 13 11 14. Do you have the proper skills and resources to foster the culture of your organisation? WorkPlacePLUS provides integrated human resource services, including tools for workplace wellness to help you foster a mentally healthy workplace. For more information, please contact us today.

Sexual harassment is now a direct breach of the Fair Work Act 2009, with penalties applying in addition to compensation claims. Since 6 March 2023, the Fair Work Act 2009 has included a specific prohibition on sexual harassment in connection with work. This means employers face not only reputational risk, but civil penalties, compensation claims and court enforcement. A recent court decision in the case of Mejia v Capital City Café-Bar [2026] FedCFamC2G 468 (26 March 2026) highlights how quickly that risk can materialise. What happened in the Café-Bar case? In this case, a small business owner was found to have engaged in sexual harassment of a young casual employee. The conduct included unwanted physical contact and inappropriate behaviour in the workplace. The Federal Circuit and Family Court of Australia ordered the employer to pay approximately $90,000, including: Compensation for non-economic loss Penalties for sexual harassment Additional penalties for payroll and record-keeping breaches This case demonstrates that even a single incident of sexual harassment can result in significant financial penalties under the Fair Work Act, particularly where there is a clear power imbalance and poor workplace systems. Why this case matters (even if the law isn’t new) The legal framework itself is not new. However, this decision is one of the early examples of how courts are applying and enforcing the Fair Work Act sexual harassment provisions in practice. 1. Courts are actively enforcing the Fair Work Act Sexual harassment claims are no longer confined to discrimination law pathways. Employees can now: Lodge claims through the Fair Work Commission Escalate matters to court proceedings Seek both penalties and compensation Sexual harassment is now enforceable under mainstream workplace law, not just anti-discrimination frameworks, significantly increasing employer exposure. 2. Financial consequences are real and multi-layered The ~$90,000 outcome was not limited to the harassment itself. The Court also penalised: Underpayment and record-keeping failures Lack of proper HR systems and processes Where sexual harassment sits alongside payroll or compliance failures, courts may treat the issue as systemic, increasing overall penalties. 3. Prevention is now the legal expectation The Mejia decision aligns with broader reforms under the Sex Discrimination Act 1984, including the positive duty on employers to prevent sexual harassment before it occurs. In this case, the Court specifically noted that the business had no sexual harassment policy and provided no training to its staff. This lack of preventative action contributed to the court's decision to impose penalties. It serves as a warning that: Policies aren't optional: Courts will look at whether you took "reasonable steps" to prevent conduct before an incident happened. Systems matter: The quality of your training, reporting pathways, and how you manage the power imbalance in your workplace are now under the microscope. Proactive over reactive: Employers are no longer judged only on how they handle a complaint, but on the systems they built to ensure the complaint never had a reason to exist. Employers are no longer judged only on how they respond to complaints, but also on whether they took proactive steps to prevent them. 4. Small businesses and directors are exposed This case is particularly relevant for SMEs. Key risk factors included: Direct interaction between owner and employee Power imbalance (young, migrant worker) Informal workplace practices Lack of structured HR processes Importantly, individuals can be held liable under accessorial liability provisions of the Fair Work Act 2009. Business owners and directors can be personally liable for workplace contraventions, particularly where they are directly involved in the conduct. The broader trend: increasing claims + stronger enforcement This case does not sit in isolation. Recent reforms, including the Australian Human Rights Commission Amendment (Costs Protection) Act 2024, have made it easier and less risky for employees to bring claims. Together, these changes create a clear trend: More claims Lower barriers to entry Higher financial exposure Greater regulatory scrutiny Read Employer Alert: Increased liability for sexual harassment claims > What employers should do now To address this compliance and governance issue, employers should prioritise: 1. Prevention frameworks Up-to-date sexual harassment policies Regular training for employees and leaders Clear behavioural standards 2. Reporting and investigation processes Accessible complaint pathways Structured, defensible investigation procedures Access to independent investigators where required 3. Broader compliance alignment Payroll and record-keeping compliance Employment contracts and documentation Psychosocial hazard management (WHS alignment) A well-drafted policy is not enough. Employers must demonstrate active implementation, training and enforcement. Frequently Asked Questions (FAQ): Is sexual harassment now illegal under the Fair Work Act? Yes. Since 6 March 2023, sexual harassment in connection with work is expressly prohibited under the Fair Work Act 2009 and can result in penalties and compensation. Can employees bring claims through the Fair Work Commission? Yes. The Fair Work Commission can deal with disputes through conciliation, mediation and arbitration (by agreement), with matters escalating to court where required. Are small businesses at risk? Yes. This case demonstrates that small businesses, particularly those with informal structures, face significant exposure. Can directors be personally liable? Yes. Individuals involved in contraventions may be held liable under accessorial liability provisions. How WorkPlacePLUS can help WorkPlacePLUS supports employers to move from reactive response to proactive risk management, including: Workplace investigations - WorkPlacePLUS provides expert workplace investigation services to support employers managing complaints and risk. Sexual harassment and respectful conduct training - We deliver sexual harassment workplace training to help employers meet their compliance obligations. Policy and compliance framework development Psychosocial and cultural workplace reviews Complex HR consulting - Our team provides HR compliance services tailored to Australian employers. If your organisation has not reviewed its approach since the 2023 reforms, now is the time. For more information and tailored support, contact us today.