2025 HR compliance and Fair Work updates
We’ve rounded up the HR changes, updates and key Fair Work cases every small-to-medium business leader should know.
Above-Award salaries and set-off clauses
We’ve put together a re-cap on what you need to know about the Woolworths and Coles set-off clause cases.
If you’re using contractual offsetting where an above-Award salary is meant to cover Award entitlements you need to be across this one because the ruling has set the tone for how Fair Work is interpreting set off arrangements.
Key takeaways:
- Paying above Award isn't always enough. It needs to be high enough to ensure you’re above Award every pay cycle.
- Be wary of a gap in payroll tech – have clear processes for checking.
- There’s a spotlight on timesheets and record-keeping.
- The Award system can be confusing, even for the ‘big guys’. If you’re unsure, get advice from a HR Partner.
Preventing Sexual Harassment - WHS obligations in QLD
Queensland businesses now have an obligation to prepare and implement a Prevention Plan to identify and manage risks of sexual harassment and sex or gender-based harassment at work.
We’ve broken down what you need to know and what’s required as part of your Prevention Plan.
Changes for casual employees
Did you know casual employees can request permanent employment?
In many circumstances, employees can request to go permanent if they’ve worked 6 months in a larger business (15+ staff) or 12 months in a smaller business (under 15 staff).
There are Fair Work rules you need to follow when responding, whether you want to support this change or not.
If you’ve got casuals on your team, make sure you know the new definition of a casual employee (it’s key to whether a request is valid).
Find out more HERE.
Continued focus on psychosocial safety
Mental health-related work injury claims have risen 19% since 2022.
WHS regulations require employers to take a proactive approach to managing psychosocial hazards (this could be things like workloads, job demands, and team conflict).
With put together a quick guide for employers, explaining what a psychosocial hazard is and how to reduce risk while staying compliant.
Could overseas workers be covered by Australian employment laws?
A Fair Work ruling found an employee working remotely from the Philippines was still considered “Australian-based.” This could mean overseas staff are entitled to Australian minimum wage, super, leave, and unfair dismissal protections.
If you have any offshore workers, it’s worth reviewing your arrangements and making sure you’re reducing risk where you can.
Other HR Updates
- Right to Disconnect now applies to businesses with fewer than 15 employees. (Check our out guide and tips for employers HERE).
- Minimum Award wages increased 3.5% from the first full pay period after 1 July 2025. (Tips on how to stay compliant HERE).
Want peace of mind your compliance is covered?
Get in touch with our team of Resourceful Humans! Book a free call with one of our HR partners to find out how we can help.
Kateena is the founder of Davy Partners. She works with businesses of all sizes, from employing their first team member to supporting implementation of initiatives for more than 2,000 employees. Her passion lies in partnering with business owners and managers to find lasting solutions to their people needs with an emphasis on commerciality, empathy, and performance.