Significant changes to workplace laws means your policies need updating for 2026

What a year for employers! 2025 brought significant changes to workplace laws. Employers should replace their policies and procedures to comply with the updated laws and to prevent a claim from arising or mitigate the adverse effect of a claim.

Some key changes for employers to know

1. In addition to being an employment law issue, Sexual Harassment and Sex or Gender-based Harassment is now also a work health and safety issue. In Queensland, this means:
   1. a Sexual Harassment and Sex or Gender-based Harassment Policy which does not comply with the early 2025 requirements should be replaced with a compliant policy; and
   2. each Queensland business must have a Sexual Harassment and Sex or Gender-based Prevention Plan in place;
2. employers must carefully consider and comply with the Fair Work Act 2009 (Cth) (Act) when it comes to flexible work requests, as highlighted in the decision of Chandler -v- Westpac [2025] FWC 3115 where:
   1. a failure to respond to a flexible work request within 21 days was a contravention of the Act;
   2. generalised reasons for refusal do not constitute reasonable business grounds for refusal;
   3. attempts to correct a deficient process is not sufficient to avoid a contravention; and
   4. genuine discussion and individual consideration of an employee’s circumstances must be considered;
3. the recent case of the Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd [2025] FCA 1092 means employers must:
   1. reconsider set-off clauses in annualised salary arrangements and ensure they comply;
   2. be aware a set-off only applies to the relevant pay period and cannot be used to set off underpayments in another period;
   3. ensure set-off clauses are clearly communicated to employees prior to acceptance of the arrangement; and
   4. record keeping must be compliant with the Fair Work Regulations 2009 (Cth);
4. changes to privacy laws for 2026 means privacy policies need updating;
5. PayDay Super brings significant changes for how super is to be paid from 1 July 2026;
6. the right to disconnect laws came into force for small businesses of 15 employees or less;
7. wage theft is now criminal in some circumstances; and
8. changes to casual employment means employees can request conversion to permanent roles subject to certain requirements.

Be prepared

Employers should:

1. obtain our Employee Handbook containing updated policies and procedures to assist with preventing claims before they arise;
2. implement a Sexual Harassment and Sex or Gender-based Harassment Prevention Plan and ensure staff are trained to comply in accordance with the Work Health and Safety Act 2011 (Qld);
3. employers covered by the Privacy Act 1988 (Cth) should update their Privacy Policy, Collection Notice and provide internal training for staff so they are well placed to comply with the updated Australian Privacy Principals including new artificial intelligence obligations coming in 2026.

Our employment team takes a proactive, preventative and commercial approach to workplace law. We strive to keep our clients out of court as prevention of a claim is better than defending a claim.

If you have any questions or we can assist you with employment law needs, please contact our employment team on 07 4616 9898 or email [email protected]