Staying Ahead of Change: Navigating Key Legislative and Compliance Updates for 2025

Staying ahead of industry trends isn’t just about innovation. As the industries we operate in constantly evolve, so do the new regulations and compliance requirements shaping the way businesses operate.

Staying informed about the latest legislative changes is crucial for companies to remain compliant, avoid legal pitfalls, and foster a culture of responsibility and sustainability that drives long-term growth. Below, learn the most recent compliance and legislative updates impacting the sector, as well as key insights and practical advice to navigate these changes effectively.

1. Fair Work Legislation Amendment (Closing Loopholes) Acts 2023 and 2024 These Acts introduced

comprehensive reforms to the Fair Work Act 2009, aiming to strengthen worker rights and close existing loopholes. Notable changes encompass:

  • Same Job, Same Pay: Ensures labour hire workers receive equivalent pay to directly employed staff performing the same roles.

  • Criminalisation of Wage Theft: From January 1, 2025, intentional underpayment of wages became a criminal offence, with severe penalties for employers found guilty of deliberate wage theft.

  • Right to Disconnect: Effective August 26, 2024, employees gained the right to disengage from work communications outside of official working hours, promoting better work-life balance.

  • Redefinition of Employment Terms: The legislation clarified definitions of 'employee' and 'casual employee,' impacting entitlements and job security.

2. Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022

Building upon previous reforms, this Act focused on improving job security and pay equity by:

  • Prohibiting Pay Secrecy: Banning clauses that prevent employees from discussing their remuneration, thereby promoting transparency and addressing pay disparities.

  • Facilitating Multi-Employer Bargaining: Allowing unions to negotiate pay deals across multiple employers, particularly benefiting sectors like childcare and aged care.

3. Enhanced Protections Against Workplace Harassment

In November 2022, the government enacted laws imposing a positive duty on employers to prevent sexual harassment, sex discrimination, and victimisation in the workplace. There is also an ability for a person to make an application to the Fair Work Commission to deal with a “sexual harassment dispute”.

4. Mental Health Workers Compensation

While not a direct legislative update, a significant trend in Australian workplaces has been the rise in psychological-based workers' compensation claims, reflecting increased awareness of mental health risks and employer obligations. Key trends include:

  • Increase in Psychological Injury Claims: Insurers and regulatory bodies report a steady rise in mental health-related workers’ compensation claims, particularly those linked to workplace stress, bullying, and harassment.

  • Higher Claim Costs: Psychological injury claims are often costlier and take longer to resolve than physical injury claims due to extended recovery periods and the complexity of proving work-related causation. The average lost time for a mental health related workers compensation claim is approximately 26 weeks (ie. 6 months).

  • Shift Toward Preventative Strategies: Employers are facing growing pressure to implement psychosocial risk management strategies, including early intervention programs, workplace mental health policies, and leadership training to prevent psychological harm.

  • New Regulatory Guidance: Safe Work Australia and various state-based regulators have issued updated guidelines on managing psychosocial hazards, with some jurisdictions introducing specific codes of practice requiring proactive risk assessments.

As mining, energy and infrastructure industries continue to face shifting regulations and legislative changes, staying proactive in understanding and adapting these updates is essential for overall success. At Concentis, we keep up to date with all legislative changes so our clients and candidates can have peace of mind in the integrity of operations. Our contractor workforce solutions take the administration burden out of finding and managing skilled professionals, so you can confidently navigate the regulatory environment and thrive in your sector.

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