With the Albanese Labor Government securing a second term, Australian businesses are facing a new wave of workplace reforms - this time focused on future changes rather than recent legislation.
While many landmark laws have already taken effect, the next phase of the Government’s agenda is poised to reshape employment contracts, bargaining processes, and worker protections even further.
Here’s what businesses should expect - and start preparing for - now.
1. Union and bargaining reforms
The Federal Government plans to make collective bargaining more accessible, especially in low-paid sectors. Proposed changes include:
- Easier initiation of enterprise bargaining - unions may no longer need majority support.
- Greater access to multi-employer bargaining, especially in aged care, hospitality, and childcare.
- Enhanced powers for the Fair Work Commission to resolve disputes faster.
Implications:
This could bring businesses, particularly SMEs, into collective negotiations for the first time. Industry-wide pay standards may become the norm in more sectors.
2. Regulation of gig and platform work
Having already made moves to improve protections for gig workers, the Government is expected to push further reforms, including:
- Portable leave schemes for platform workers.
- Minimum standards for pay, safety, and dispute resolution.
- Legal clarity on who qualifies as an employee versus an independent contractor.
Next steps:
Businesses using gig economy labour (directly or indirectly) should prepare for higher compliance obligations and potential cost increases.
3. Casual employment redefined
Labor is expected to revisit the definition of casual work, aiming to prevent long-term positions from being misclassified as casual.
What’s coming:
- A more structured pathway for casual workers to convert to permanent employment.
- Crackdowns on rolling casual contracts.
Employer readiness:
Audit your workforce now to identify roles at risk of reclassification. Get ahead of potential legal changes by proactively offering conversion where appropriate.
4. National focus on psychosocial risk
While states have led the charge on managing mental health at work, a national framework is likely in the near future.
Expected developments:
- National obligations for managing workplace stress, bullying, and vicarious trauma.
- Stronger enforcement measures under work health and safety laws.
- Alignment with Safe Work Australia’s psychosocial code.
What to do:
If your business hasn’t conducted a psychosocial risk assessment, now is the time. Training, policy updates, and visible leadership support will all become vital.
5. Ban on non-compete clauses
One of the most anticipated proposals is the ban on non-compete clauses for workers earning below the Fair Work high-income threshold (currently $175,000). These clauses are often used to prevent employees from joining competitors or starting similar businesses.
Why it matters:
The change will improve labour mobility, particularly in industries like tech, healthcare, and professional services. The government is also exploring broader restrictions on training repayment clauses and non-solicitation agreements.
Action for employers:
Review your employment contracts and retention strategies to boost culture, development, and engagement within your organisation.
Do you need advice about legal contracts or commercial agreements? Get in touch with an employment lawyer at Business Law WA on 08 9365 7746 or via [email protected].
