Employment law and WHS obligations have been updated across Australia and New Zealand in 2025, with additional changes on the horizon.
We understand that keeping track of these evolving requirements can be challenging. As we reach the half way point of 2025, it’s a good chance for employers to check in on new obligations, including Queensland’s mandatory sexual harassment prevention plans, NSW’s expanded union powers in WHS enforcement, and New Zealand’s Health and Safety at Work Act reforms.
NSW continues to be a key state to watch for WHS developments, with SafeWork NSW established as a standalone regulator and significant amendments to both WHS and industrial relations frameworks.
To help HR, WHS, and organisational leaders navigate these developments, we’ve summarised the key changes and upcoming requirements.
Here’s what you need to know about current changes and what’s ahead.
Disclaimer: The information contained in this article and on this website is general information only and does not constitute legal advice. Although all efforts have been made to ensure the accuracy and currency of the information presented, Sonder takes no responsibility for any errors or omissions presented. Please contact a legal representative for individual advice.
General employment law updates
Australia
- Minimum wage increase from 1 July 2025
- Superannuation guarantee increase from 1 July 2025
- Paid Parental Leave Expansion (with Superannuation) from 1 July 2025
- Right to Disconnect coming into effect for small businesses from 26 August 2025
- Already in effect, but important to review: Wage underpayments as a criminal offense as of 1 January 2025
- Get ahead of this: Payday superannuation, from 1 July 2026, employers will be required to pay their employees’ super at the same time as their salary and wages.
New Zealand
- Minimum wage increase, from 1 April 2025
- Get ahead of this: The introduction of the Employment Relations Amendment Bill announced 17 June 2025
- Get ahead of this: Health and safety reform
What’s changed in 2025?
National Code of Practice on Sexual and Gender-Based Harassment (AU)
On March 11, the Australian Government approved the Work Health and Safety (Sexual Gender-based Harassment) Code of Practice 2025. This Code offers practical guidance for persons conducting a business or undertaking (PCBUs) on ways to identify, manage, and minimise risks of sexual and gender-based harassment at work. It is designed to be read alongside the code of practice for managing psychosocial hazards at work.
Updated WHS Regulations for Blood Lead Levels (AU)
Effective from 24 March 2025, the Australian Government has implemented the Work Health and Safety Amendment (Blood Lead Level Exposure Values) Regulations 2025. These amendments lower the acceptable blood lead levels in the workplace and increase the required frequency of biological monitoring of workers. This update applies to all PCBUs that engage in activities involving lead processes or where employees may be exposed to lead.
Queensland’s mandatory Sexual Harassment Prevention Plans
Effective from 1 March 2025, all PCBUs in Queensland are required to implement a written Sexual Harassment Prevention Plan if any psychosocial risks related to sexual harassment or sex or gender-based harassment are identified in the workplace. This plan must include:
- Identification of workplace risks where harassment could occur.
- Development and implementation of control measures to eliminate or minimise these risks.
- Consultation with workers in the development of the plan.
- An outline procedures for dealing with reports of harassment.
- A process to review the plan at least every three years or sooner if incidents occur or upon request by health and safety representatives.
SafeWork NSW established as standalone regulator
In March 2025, legislation was passed to establish SafeWork NSW as a standalone regulator, enhancing its capacity to enforce workplace safety laws and support businesses in meeting their obligations. A new SafeWork Advisory Council will be established to provide strategic advice.
What’s on the roadmap?
Right to Disconnect to apply to small businesses (AU)
From August 26 2025, Australia’s Right to Disconnect will extend to small businesses – defined as those with less than 15 employees, including part-time, full-time, and casual workers. This change to the Fair Work Act 2009 provides employees with a right to refuse to monitor, read, or respond to contact (or attempted contact) from their employer or another work-related contact (such as clients) outside of working hours. You can read more about what the Right to Disconnect means for employees and employers in our blog.
Victoria’s upcoming psychosocial hazard regulations
The Victorian Government has confirmed the introduction of new regulations to address psychosocial hazards, set to take effect on 1 December 2025. These regulations will align Victoria with other Australian jurisdictions by providing a clearer framework for managing psychosocial hazards and protecting employee’s psychological health. PCBUs in Victoria will be required to:
- Identify and assess psychosocial hazards.
- Implement control measures to eliminate or minimize risks.
- Consult with employees regarding these measures.
- Review and monitor the effectiveness of control measures.
NSW WHS regulations to be updated
The Work Health and Safety Regulation 2017 (NSW) is scheduled for automatic repeal on 1 September 2025, unless it is remade or amended, to ensure it remains current and effective. SafeWork NSW has led a consultation process, inviting industry feedback to help improve clarity of the regulations and align various standards. Employers should monitor updates and, in particular, prepare for potential changes in compliance, training and documentation.
New Zealand’s WHS reforms
In 2025, New Zealand is undertaking significant reforms to its Health and Safety at Work Act 2015 (HSWA). The updates aim to simplify compliance and reduce the administrative burden for small and low-risk PCBUs, while maintaining essential protections for employees. Legislative changes are expected to be enacted later in 2025, with implementation phases extending into 2026.
Removing rewards for employee misconduct (NZ)
The New Zealand Government has announced proposed amendments to the Employment Relations Act 2000 to revise the personal grievance process. The changes focus on addressing serious misconduct by employees and adjusting remedies to ensure fairness and practicality in workplace dispute resolutions. The updates are expected to be introduced by the end of 2025.
Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 (NSW)
The Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 passed the NSW Parliament on 26 June 2025 and is currently awaiting Assent. Once Assent is granted, the Bill will become law, with the changes expected to commence in early July 2025. This legislation introduces significant amendments to Work Health and Safety (WHS) and industrial relations frameworks in New South Wales. (Since this article was published, The Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 received Assent on 3 July 2025.)
Amendments to the Work Health and Safety Act 2011 (NSW)
The Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 introduces a series of changes to the Work Health and Safety Act 2011 (NSW) aimed at enhancing regulatory enforcement and workplace safety compliance. Key changes include:
Legal status of Codes of Practice
Approved Codes of Practice will become legally binding for Persons Conducting a Business or Undertaking (PCBUs). Compliance is required unless a demonstrably equivalent or higher standard of health and safety is met.
Provisional Improvement Notice (PIN) notification
PCBUs will be required to promptly notify SafeWork NSW when PINs are issued by Health and Safety Representatives (HSRs). Non-compliance may incur a maximum penalty of 50 penalty units.
Direct access to IRC for WHS disputes
A direct pathway to the NSW Industrial Relations Commission (IRC) will be established for the resolution of WHS disputes. The IRC may resolve these disputes through mediation, conciliation, or arbitration, with inspectors ceasing involvement once a dispute is referred to the IRC.
Expanded union powers in WHS
WHS Entry Permit Holders (union officials) will have expanded authority to collect evidence of suspected contraventions, including conducting tests, measurements, and taking photos or videos.
Unions can initiate WHS prosecutions if SafeWork NSW declines to act or does not initiate proceedings within 12 months of consultation. The prohibition on courts directing a portion of a fine (moiety) to a union will be removed. Registered organisations will also be authorised to initiate WHS civil penalty proceedings.
Eased limitation periods for WHS prosecutions
Courts can permit WHS offence prosecutions beyond the previous two-year limitation period where it is deemed to be in the “interests of justice.” This provision is not limited to occupational exposure diseases.
Information disclosure
Confidentiality provisions will be loosened, allowing information about WHS inspections and investigations to be disclosed to unions, HSRs, and families of deceased workers, provided it does not prejudice ongoing investigations or prosecutions. The regulator may also share information with other relevant agencies for WHS purposes.
Amendments to the Industrial Relations Act 1996 (NSW)
The Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 also introduces substantial amendments to the Industrial Relations Act 1996 (NSW). These changes focus on expanding the jurisdiction of the Industrial Relations Commission (IRC) to address workplace bullying and sexual harassment, alongside other reforms to industrial dispute resolution and worker protections.
New anti-bullying and sexual harassment jurisdiction in IRC
A new Chapter 3A will establish a dedicated jurisdiction within the IRC to address allegations of workplace bullying and sexual harassment. This jurisdiction covers the public sector, local government, and unincorporated entity workers not covered by federal Fair Work laws.
The IRC will have powers to conciliate, arbitrate, issue “stop orders,” “remedy orders,” and award compensation up to $100,000.
Civil penalties for breaches of IRC orders will apply (up to $18,870 for individuals or otherwise $93,900).
Employers will be subject to vicarious liability for workplace sexual harassment unless all reasonable steps to prevent the conduct can be demonstrated.
Expanded IRC functions and civil penalties
The IRC’s powers in industrial disputes will be broadened, including the ability to issue recommendations or directions without the consent of involved parties. Provisions related to civil penalties under the Industrial Relations Act will be consolidated and clarified, and subject to future commencement dates to allow for system updates and communication within the NSW industrial relations system.
Protections for industrial associations and victimisation
Protections related to industrial associations will be clarified and expanded, including a revised reverse onus of proof test for victimisation claims.
Increased small claims jurisdiction threshold
The small claims threshold under the Industrial Relations (General) Regulation 2020 will be removed, and the small claims jurisdiction threshold will be increased from $10,000 to $100,000.
Ready to take a more proactive approach to WHS and safety compliance in your organisation?
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