The regulatory horizon

The change

Intentionally failing to pay wages or entitlements owed under the Fair Work Act, an award or an agreement became a criminal offence under section 327A of the Fair Work Act 2009 (Cth). Individuals face up to 10 years' imprisonment. Maximum civil penalties for underpayment also increased.

Implications

The offence requires intent and does not apply to genuine error. Identifying an error does not by itself establish criminal intent. Employers should investigate and correct identified shortfalls promptly; criminal liability depends on the statutory elements and the evidence. Employers can self-report to the Fair Work Ombudsman and seek a cooperation agreement. The Fair Work Ombudsman cannot refer an employer for prosecution where it is satisfied the employer complied with the Voluntary Small Business Wage Compliance Code.

The change

The Occupational Health and Safety (Psychological Health) Regulations 2025 (Vic) require employers to identify psychosocial hazards, eliminate or reduce the risks so far as reasonably practicable, and review their controls.

Implications

Controls must be reviewed before workplace changes that are likely to affect psychosocial risk, and when hazards or injuries are reported. Restructures and new rostering systems are examples of such changes.

The change

Superannuation is calculated at 12% of qualifying earnings for each payday and generally must reach the fund within seven business days. A 20-business-day period applies in specified cases, including certain first contributions for a new employee or fund. The ATO's Small Business Superannuation Clearing House has closed.

Implications

Superannuation compliance must now be managed in every pay run. The ATO has indicated that, in the first year, it will not focus on employers who make genuine efforts to comply and correct errors promptly.

The change

New eligibility requirements apply to primary psychological injuries notified on or after 1 July 2026. The upper impairment threshold for continued weekly payments is 25% for injuries notified from 1 July 2026, 27% from 1 July 2027 and 28% from 1 July 2029. Workers assessed at 21% or above but below the relevant upper threshold may qualify for a further 52 weeks of payments, subject to the statutory criteria. The reasonable management action exclusion also changed.

Implications

These changes do not remove employers’ duties to prevent and manage psychological harm.

The change

The Fair Work Commission's first minimum standards order covers employee-like workers mainly delivering food, drinks or groceries through digital labour platforms.

Implications

Platform-based delivery work is now subject to minimum standards set by the Commission. Businesses that rely on platform delivery should assess how the order affects their arrangements.

The change

Fuel cost recovery obligations under the road transport contractual chain order restart on 23 November 2026. From that date, affected parties must adjust or set the rates they pay to ensure recovery of increased fuel costs. The order first took effect on 21 April 2026; businesses should check the revised order and current regulator guidance for its scope and calculation requirements.

Implications

Businesses engaging road transport contractors should check whether they are covered and review their fuel-cost arrangements before 23 November.

The change

Organisations covered by the Privacy Act must state in their privacy policy the kinds of personal information used by computer programs, and the kinds of decisions made solely by, or significantly influenced by, those programs, where the decision could reasonably be expected to significantly affect an individual's rights or interests.

Implications

Recruitment screening is the most obvious example for employers. The employee records exemption continues to apply to some records of current employees, and its scope should be confirmed before relying on it.

New duties and assistance power not yet commenced

The change

Provisions allowing SafeWork NSW to develop and issue digital work systems guidelines have commenced. The remaining amendments, including the new work-allocation duty and power to require reasonable assistance to access and inspect relevant systems, await commencement dates. The new assistance power cannot start earlier than one month after the guidelines are published. Existing WHS duties and relevant inspection rights continue to apply.

Implications

Existing safety duties already extend to these systems. Regardless of the commencement date, employers should compile an inventory of the systems that allocate and monitor work.

The change

The September 2026 exposure draft proposes restrictions on non-competes using annualised full-time-equivalent earnings against the high-income threshold ($190,100 for 2026–27), with separate rules for casuals and pieceworkers. It also proposes bans on co-worker non-solicitation and cascading restraints, subject to scope and exemptions.

Implications

The Bill has not been passed. Employers should nonetheless identify which contracts rely on non-compete clauses and which roles require a client non-solicitation clause.