This December 2025 edition of the Significant Workplace Relations Issues Report provides Australian Industry Group members with an update on a range of major developments.
A brief podcast, in which Australian Industry Group Head of National Workplace Relations Policy, Brent Ferguson, discusses some of the key issues in the report, is available here.
This month’s report, exclusive to Australian Industry Group members, includes:
- Key recent legislative developments, including the passing of Payday Superannuation legislation, the commencement of the Fair Work Amendment (Protecting Penalty and Overtime Rates) Act 2025, the commencement of Baby Priya’s law (which provides that employer-funded parental leave entitlements must be maintained in the context of stillbirth or early infant death), measures in relation to artificial intelligence, and the introducing of legislation that seeks to address issues with the black coal long service leave scheme.
- Major cases in the Fair Work Commission, including continuing proceedings concerning Gender-based Undervaluation in 'priority' modern awards and new proceedings examining degree and diploma-qualified professional classifications in a range of awards, junior rates, the potential development of a working from home clause for the Clerks – Private Sector Award 2020, part-time employment, and 'exemption rates'. The Fair Work Commission is conducting a review of delegates’ rights terms and proceedings continue in relation to the TWU’s applications for minimum standards orders and a road transport contractual chain order.
- Trends in enterprise bargaining.
- Government consultations and announcements on a proposed banning of ‘non-compete clauses’, an inquiry into the adequacy of the National Employment Standards, an inquiry into the Fair Work Amendment (Right to Work from Home) Bill 2025, a review of the Closing Loopholes amendments, further consultation on changes to the Modern Slavery Act 2018 and an update on the Government’s progression of a harmonised national labour hire scheme.
- Other major developments and Fair Work Commission cases including decisions and applications for multi-enterprise bargaining authorisations, a decision relating to a regulated labour hire arrangement order dispute, an intractable bargaining decision and a right of entry decision, together with Federal Court decisions on franchisor liability for underpayments and the ordering of compensation and penalties in relation to an unlawful requirement for employees to work on public holidays.
- The most recent developments regarding diversity and inclusion, including the review of the Disability Discrimination Act 1992, recent sexual harassment cases, and an update on recent regulatory action in relation to workplace sexual harassment, including by the FWO, the AHRC and safe work regulators.