As we reach the end of 2025, we reflect on what has been a big year for workplace relations in Australia.

During 2025, the Federal Government made substantial progress on a relatively narrow, but still substantial legislative agenda. This included implementing legislation dealing with Payday Superannuation, limiting the Fair Work Commission’s ability to vary penalty rates and overtime provisions in awards and the commencement of Baby Priya’s Law.

We have also seen significant proceedings in the Fair Work Commission that will potentially impact all of industry in 2026. These encompass cases concerning award terms such as Gender-based undervaluation in award rates of pay, a working from home template clause, part-time work as well as exemption rates, and applications for road transport minimum standards orders and contractual chain orders. We are also increasingly seeing test cases in the Fair Work Commission and the Federal Court of Australia that are providing guidance on how the tranches of legislative change implemented during the last term of Government will be applied by the courts, including in relation to the right to request flexible work arrangements, regulated labour hire arrangement orders and enterprise bargaining.  

In 2026, the Government will also be conducting major legislative reviews. This includes a review of the Closing Loopholes amendments to the Fair Work Act 2009 and later in the year, of the Respect@Work Amendments made to the Sex Discrimination Act 1984 (that introduced the positive duty obligation in relation to sexual harassment). There is still unfinished legislative business for the Government in relation to the proposed prohibition of non-competes clauses, the Secure Jobs procurement code, the Privacy Act 1988 and national labour hire licensing harmonisation. At a state level, issues such as a right to work from home, work health and safety regulation of the use of AI and developments relating to labour hire licensing issues also continue to be high on the agenda. Regulators such as the Fair Work Ombudsman will likely be flexing their new powers in relation to criminal wage underpayments and will broaden their remit to focus on unlawful workplace sexual harassment (alongside the Australian Human Rights Commission, Workplace Gender Equality Agency and WHS regulators).

This podcast covers these topics and more, giving our members a timely recap on what has happened in 2025 and what is ahead for 2026 for workplace relations. The accompanying December edition of the Significant Workplace Relations Issues Report provides further details about these matters and more.