Workplace laws are evolving, with regulators ramping up enforcement on psychosocial risks, workplace conduct, and wage compliance.
Psychosocial risks under scrutiny
Regulators are targeting industries like hospitality and education for workplace bullying, stress, and harassment, making psychosocial safety a key compliance priority.
Expanding workplace conduct obligations
The Respect@Work amendments place a positive duty on employers to prevent sexual harassment, extending liability beyond the workplace to online and after-hours interactions.
Redefining employment relationships
Changes to the Fair Work Act 2009 (Cth) (FWA) shift the focus to the true nature of work, increasing worker classification disputes. Additionally, from January 2025, criminal penalties for underpayment put businesses under greater scrutiny.
Flexibility, safety, and the right to disconnect
Return-to-office policies bring new safety risks, while right-to-disconnect laws give employees the ability to refuse employer contact outside paid hours.
In this evolving landscape, businesses must proactively adapt policies and practices to ensure compliance, safeguard employee wellbeing, and mitigate legal and reputational risks.
Chris Mossman Head of Workplace and Safety +61 2 8273 9806 chris.mossman@wottonkearney.com
Sian Gilbert Partner +61 2 9064 1832 sian.gilbert@wottonkearney.com
3 standout insights across workplace and safety
Workplace compliance: Heightened regulatory focus
Regulators are intensifying enforcement of psychosocial risk management, sexual harassment prevention, and worker classification under Australia’s evolving workplace laws.
Industries like hospitality and education face increased scrutiny due to bullying, harassment, and fatigue-related hazards, with prosecutions and penalties on the rise.
Employers must prioritise compliance, adopt proactive workplace conduct measures, and reassess employment arrangements to mitigate legal and reputational risks.
Employment law: Expanding obligations and protections
Amendments, including Respect@Work, the FWA “Closing Loopholes” changes, and criminalisation of intentional underpayments, have significantly broadened employer responsibilities.
Employers must manage sexual harassment risks beyond traditional workplaces and hours, ensure correct worker classification under the new “whole of relationship” test, and audit to prevent underpayment.
With complaint timeframes extended and class actions on the rise, businesses should adopt proactive policies, training, and monitoring to mitigate disputes well into 2026.
Workplace flexibility and safety: Balancing risk and expectations
The return to office, hybrid arrangements, and the right to disconnect are reshaping workplace safety, operational practices, and employee expectations.
Employers face challenges in maintaining safety protocols for remote work, managing injury and compensation risks, and navigating evolving legal obligations.
Balancing productivity, collaboration, and flexibility requires clear policies and proactive risk management, while insurers and businesses must be aware of non-insurability of penalties and potential claims.
“In Australia, psychosocial risks in the workplace continue to dominate headlines, with the corporate regulator recently warning that greater scrutiny will be placed on companies with poor personal behaviour as it signals deeper governance issues.”
Global Directors’ and Officers’ Survey Report 2024/2025, WTW
2025 Workplace & Safety Guide: Navigating employment, industrial relations, and safety law
With evolving legislation and shifting workplace norms, keeping up with employer obligations and employee rights has never been more important.
That’s why we’ve released our 2025 Workplace and Safety Guide, a comprehensive resource designed to help businesses and HR professionals navigate the complexities of employment, industrial relations, and safety law.
Packed with practical strategies and insights from our team, our guide covers key issues such as workplace safety, WHS compliance, and addressing bullying to foster safer, more respectful environments.
Sian Gilbert shared: “Staying ahead of workplace changes and mitigating risks is more critical than ever. Our guide breaks down the key issues, shares expert insights, and offers actionable solutions to help businesses confidently tackle today’s challenges.”
We hope you find it valuable. If you’d like to discuss any of the insights, please reach out to either Chris Mossman or Sian Gilbert.
Click here to access the publication.
Wotton Kearney acknowledges the traditional custodians of the lands on which we work, and pay our respects to Elders past and present.
© 2025 WOTTON KEARNEY Legal information | Privacy | Legitimate interest | Contact
