6 Australian employment law trends to stay across in 2025


After two years of significant legislative changes, 2025 will likely be about putting these changes into practice and ensuring compliance. An employment lawyer shares what HR practitioners need to prioritise.

The rapid pace of employment law changes over the past two years has left HR practitioners and leaders across Australia poring over dense legislation and guidance documents, navigating some of the most significant industrial relations reforms in the country’s recent history.

“WorkChoices was the big change in 2006… and then we had that big pendulum swing with the Fair Work Act [in 2009]. But since then, while governments have tinkered around the edges and made some policy changes, we haven’t seen [further large-scale changes] until the Secure Jobs, Better Pay and Closing Loopholes bills,” says Amanda Junkeer, Partner at law firm Gadens.

“For HR practitioners, particularly those who’ve started working in the last 10 years, it was quite a large number of changes to get across in a short amount of time.”

While the implementation of Australia’s new wage theft laws last month marks the tail end of the Albanese government’s existing industrial relations (IR) reform plans, Junkeer expects there could be more change on the horizon.

“Depending on who gets elected in the upcoming federal election, I think we’re going to see changes in this space. However, neither of the major parties are talking about what their industrial relations and work platforms are [at this stage].

“During the last federal government change, IR and workplace relations reform wasn’t a big policy agenda item, so the amount of change that came in was surprising to a lot of people. I suspect that’s going to be the same this year.

“People have to be ready for the fact that once we have the election and we know who’s in power, we can expect to see some changes. 

“If we see a Liberal government come into power, I think we could see the winding back of some of these changes, and if the Labour party gets in again, there could be further fine-tuning of some of the policy ideals that underpinned these recent changes,” says Junkeer, who will be speaking on the employment law landscape in more depth in an AHRI webinar later this month.

Until then, Junkeer expects the focus in employment law will be on consolidating recent changes and putting them into practice.

Below, she shares her insights on the key priorities for HR over the next 12 months.

1. Boards and executives turn their attention to wage theft

While the criminalisation of intentional wage theft came into effect in Australia just last month, Junkeer predicts a lag in court activity due to the complexity of the process required to investigate non-compliance.

“It needs to start with a regulator, [i.e.] the Fair Work Ombudsman, to get involved in an investigation. If it’s going down a civil pathway – as in, not a criminal pathway – then the ombudsman will work with the employer first to understand what’s happening, to repay people – which takes time – and then it would either prosecute or enter into a cooperation or enforceable agreement.”

The criminal pathway can take even more time due to the complexity of gathering evidence, meeting the high burden of proof and navigating the legal processes required for a criminal conviction. This includes extensive investigations, collaboration with law enforcement agencies  and the need to demonstrate intent under the relevant criminal code – factors that could significantly delay court proceedings.

“So I don’t think we will see a lot of court activity in this space this year – that will come later.”

What she is seeing more of though, is interest from  board and executive management teams to be kept abreast of the company’s plan to mitigate risks.

“It has taken a while for the messaging about wage theft to land with companies and organisations – not with HR, they’ve been internally raising this as an issue for some time now – but we’re now seeing it gain traction with executives and boards.”

Boards are asking their HR and payroll teams to conduct ‘health checks’ more regularly, she notes, which means the legislation is having its desired effect.

“In our practice, towards the end of last year, we started seeing a number of clients getting on the front foot by conducting checks. That’s quite a big source of activity within corporations and in HR teams and external advisors [at the moment].”

HR action point: HR teams should preempt the board’s questions about risk mitigation when it comes to wage compliance, says Junkeer.

“Get ahead of some of the issues by saying, ‘We’ve had some legislative change, so it’s a good time to pause, look at our systems and processes and do a check. Then we should create a framework to do continuous checks over the next few years.'”

This is a great opportunity for practitioners to position themselves as strategic, trusted partners in the business and avoid being brought in at the last minute to clean up a larger problem.

Hear more from Amanda Junkeer, and other Australian employment law experts, in AHRI’s webinar, 2025 Employment Law Updates: Preparing HR for the Year Ahead, on 25 February. This webinar is free to AHRI members.

2. Disputes about flexible work arrangements

The Right to Disconnect (RTD) hasn’t really had the significant impact many people were worried about last year, says Junkeer.

When the legislation was first introduced, many employers were concerned about its effect on their operating rhythms, prompting a rush to implement new policies and procedures to manage out-of-hours contact.

However, six months on, Junkeer observes that little has changed in practice. While disputes may still arise, she notes that, so far, the Right to Disconnect has been more effective in sparking broader conversations about workplace flexibility than in serving as a tool for resolving conflicts between employers and employees.

“For most modern workplaces where flexibility is a two-way street, you see a lot of good faith agreements in place. There’s good communication and a mutual understanding [of the benefits of flexible work] and it seems to be working quite well.”

Where disputes may increase is around flexible working arrangements. Anecdotally, she says her law firm saw an increase in these disputes in 2024.

Employees are using the flexibility request mechanism more often, likely spurred by some of the language and information that permeated traditional and social media during the rise of the Right to Disconnect last year.

Some [of these disputes] are going to the Fair Work Commission and I think we’ll see more of that this year. 

“I think what we’re seeing is that many employers have proactively implemented policies and procedures in response to the Right to Disconnect laws. This is because there’s a strong intersection between the Right to Disconnect, working hours, ordinary hours, and employees’ flexibility in how they structure their work. 

“The key issue lies in how flexibility requests are understood and managed. Many organisations already have procedures in place for handling these requests, but some do not. So I expect that any disputes will likely emerge in this space.”

HR action point: Ensure your HR team and managers fully understand their obligations regarding who is entitled to request flexible work arrangements, the factors that must be considered, and the circumstances under which a request can be lawfully denied.

“It has taken a while for the messaging about wage theft to land with organisations… but we’re now seeing that gain traction with executives and boards.” – Amanda Junkeer, Partner, Gadens.

3. Psychosocial risk management prevails

Psychosocial risk management remains a challenge for both HR and employers. Its complexity ensures it will stay a key focus in 2025 and beyond, especially as workplace wellbeing continues to gain prominence.

“One of the key complexities is that while psychosocial risk management is a safety obligation, it impacts other workplace aspects such as performance and disciplinary procedures, conduct expectations, workplace investigations, work hours and additional hours, and the workplace environment. 

“It isn’t one clear right or obligation, like with something like the Right to Disconnect, and requires a multi-faceted approach,” says Junkeer.

Image: Amanda Junkeer

“People and culture teams have to deal with the complexity of multiple layers of a dispute. It’s a complicated area to manage because there can be an intersection between an internal complaint, a health condition that’s impacting the complainant or respondent and a Work Cover claim.” 

While there is now more consistency across most states and territories (with the exception of  Victoria) on what employers must do to ensure psychosocial safety, managing these obligations at the workplace level remains complex.Many employers have updated their policies, safety systems and risk controls, she adds, but challenges arise when dealing with complex case management issues that intersect with psychological safety. 

One key difficulty is understanding which regulatory body has jurisdiction over different issues.

For example:

  • WorkSafe regulators handle workplace safety compliance.
  • Equal opportunity and workplace commissions (e.g., Fair Work Commission) address discrimination claims, bullying and sexual harassment disputes, and dismissal disputes.
  • Courts (e.g., Federal Circuit Court, Federal Court) may hear cases involving employment decisions and compliance with legislative, award and enterprise agreement rules.

This fragmentation can leave employers uncertain about their responsibilities when employees claim their workplace is psychologically unsafe. 

While all employers have a duty to eliminate or reduce risks, expectations around psychological safety often go beyond compliance frameworks, leading to disputes over what an employer should be doing versus what they are legally required to do, says Junkeer.

Anecdotally, Junkeer notes increased board engagement in psychosocial risk management, much like the response to wage compliance concerns. Boards are now asking questions like:

  • Are we meeting our psychosocial safety obligations?
  • How are we responding to regulatory changes?
  • What systems do we have in place to assess and mitigate risks?

This shift underscores the need for greater education on what psychosocial safety entails and how compliance responsibilities extend from the board to executive leadership and operational teams.

HR action point: To navigate the complexity, Junkeer suggests: 

  • Regularly review policies, procedures and risk identification and assessment frameworks related to psychosocial hazards.
  • Provide ongoing training for managers on performance management, workplace investigations and disciplinary processes as these are also areas in which psychosocial safety issues may be raised.
  • Ensure HR and safety teams collaborate closely to align safety compliance with people management.

“There may also be the need to assess how psychosocial safety impacts different ‘streams’ or elements in the management of complex employment cases. In addition to workforce-wide safety measures, safety risks or concerns may arise through the management of individual complaints processes and require pre-emptive and responsive measures to meet obligations to eliminate psychosocial risks.”

Junkeer stresses that organisations need ongoing education for leadership, HR and employees to clarify what psychosocial safety means in practice, how safety obligations differ from individual employee expectations and how boards and executives discharge their legal responsibilities.

“We’re going to become more sophisticated and experienced in dealing with these issues, but at this stage, we’re still seeing some apprehension from those who have to implement the response to the regulatory framework and then also deal with the uncertainty of not knowing whether what they’ve done is enough.”

This is why it’s crucial for HR teams to work really closely with their safety counterparts; this isn’t the type of work that a single business unit should shoulder alone. 

Listen to AHRI’s podcast episode on managing psychosocial safety risks in the workplace.

4. Employees are becoming more aware of their rights

In the wake of the COVID-19 pandemic, discussions about employee experience and workplace rights have become more prominent in both mainstream and social media.

This shift is partly driven by popular workplace trends – such as the four-day work week and the Right to Disconnect – gaining traction, particularly among younger generations, through platforms like TikTok and Instagram.

“Especially when we’ve got so many changes and there’s so much publicity about those changes, [people] are more aware of their rights. They also go looking for more information – and there’s so much they can find online now,” says Junkeer.

Where employees once turned to HR to ask, “What are my rights?”, they now approach with “I know my rights.” However, the rise in employees being self-taught also increases the risk of misinformation spreading within an organisation.

“HR becomes the front line of dealing with myth-busting, because it can be easy to misunderstand some of this legislation. For example, with the Right to Disconnect, there was so much information out there in the general community and many people assumed the right was something that it wasn’t. 

“For example, some employees thought it meant employers could not contact them after working hours, whereas that’s not what the law says. I had a client who fielded a question from an employee who asked, ‘Does this mean my employer gets a fine for contacting me outside of work?’ And no, that’s not the case.

“So a lot of HR practitioners are fielding these queries and trying to provide good, accurate information, but it’s taken up a lot of time.”

Read HRM’s article busting 4 myths about the Right to Disconnect.

HR action point: To keep misinformation at bay, it’s important that HR practitioners arm themselves with key information regarding the legislative framework, awards, enterprise agreements, contracts and how they all interact with each other, says Junkeer.

“Having some kind of base-level understanding is really important, so you understand the concepts and you can answer those questions that you get internally from time to time.”

Ensure compliance with Australian employment law changes by brushing up on your employment law skills with AHRI’s HR Law (foundational and advanced level) short courses. 

5. Slow progress on enterprise bargaining

While enterprise bargaining has stagnated in the past ten or so years, there has been a push from a policy perspective to increase it, says Junkeer.

“[The government] was hoping for some kind of revitalisation of bargaining, but that’s been slow. So I think we could see a greater focus on that this year.”

HR action point: Depending on your background in HR, you may or may not have the skills or previous exposure to enterprise agreements, so this is an important area to upskill in.

“It’s important to have a foundational understanding of enterprise bargaining. Attending a few training sessions can help you grasp key concepts such as ‘good faith bargaining’, the different types of agreements, the framework for making an agreement and the legislative requirements for effective agreements. For example, do you know that an agreement doesn’t automatically expire on its end date but continues to operate until it is replaced or terminated?”

AHRI’s Enterprise Bargaining course walks you through a step-by-step engagement plan.

6. Casuals and contractors still on employers’ radars

The new rules for the engagement of casual workers is also worth brushing up on, says Junkeer.

“The changes to the casual employment definition [from August 2024] are prompting many employers to review their casual engagement models proactively to mitigate potential claims. At the same time, casual employees are increasingly inquiring about their conversion rights, so I think this will be a key focus for the year ahead.”

Junkeer also highlights that the distinction between independent contractors and employees will remain a major point of discussion for employers in 2025 and beyond.

“It’s really important for employers to be aware of the differences.”

HR action point: Regularly evaluate whether your employees are properly classified as casual or otherwise and keep in mind that casuals can now more easily request conversion to permanency.

Read HRM’s guide: ‘How to tell the difference between a contractor and an employee.’

Read HRM’s article: ‘When can employers refuse a casual conversion request?

What should HR focus on?

HR practitioners are now expected to be well-versed across multiple areas, whereas there were once clear distinctions between IR specialists/industrial relations experts and employment specialists handling case management,” says Junkeer.

“The expectation today is for HR to have broad knowledge across both industrial and employee relations,” she says. “[However], HR teams are already stretched, and with increasing caseloads and ongoing legislative changes, they won’t be getting less busy.”

Given the year ahead, Junkeer advises HR and People & Culture teams to plan proactively. This could involve internal education campaigns, management and executive training or workforce-wide initiatives to mitigate the volume of queries, disputes and claims. However, proactive planning is often deprioritised due to the sheer backlog of day-to-day work.

“Pick four or five key agenda items for the workforce and align them with management early. Get buy-in upfront, or at the very least, have a plan ready so that when someone asks, ‘Have we considered compliance?’ you can respond with, ‘Yes, we’ve prepared a paper outlining our approach – here’s what we recommend and the investment required.’”

Hear more from Amanda Junkeer and other Australian employment law experts in AHRI’s webinar, 2025 Employment Law Updates: Preparing HR for the Year Ahead, on 25 February. This webinar is free to AHRI members.  

All information, content and materials available on this site are for general informational purposes only. The contents of this article do not constitute legal advice and should not be relied upon as such.

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4 Comments
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Dee
Dee
6 days ago

Great article, summary. Thank you

Nerea
Nerea
2 days ago

Informative and concise article which illustrates the breadth of HR’s responsibilities.

Cristina
Cristina
1 day ago

Appreciate this article. Will share with our team. Thanks! 🙂

Angie Hadwen
Angie Hadwen
1 day ago

Thanks Amanda! I’ll be sure to join your webinar…. which regards to Psychosocial risk management, would love to hear your thoughts on the added Sexual Harassment prevention plan that has to be in place 1 March 2025. It’s doing my head in a bit.

More on HRM

6 Australian employment law trends to stay across in 2025


After two years of significant legislative changes, 2025 will likely be about putting these changes into practice and ensuring compliance. An employment lawyer shares what HR practitioners need to prioritise.

The rapid pace of employment law changes over the past two years has left HR practitioners and leaders across Australia poring over dense legislation and guidance documents, navigating some of the most significant industrial relations reforms in the country’s recent history.

“WorkChoices was the big change in 2006… and then we had that big pendulum swing with the Fair Work Act [in 2009]. But since then, while governments have tinkered around the edges and made some policy changes, we haven’t seen [further large-scale changes] until the Secure Jobs, Better Pay and Closing Loopholes bills,” says Amanda Junkeer, Partner at law firm Gadens.

“For HR practitioners, particularly those who’ve started working in the last 10 years, it was quite a large number of changes to get across in a short amount of time.”

While the implementation of Australia’s new wage theft laws last month marks the tail end of the Albanese government’s existing industrial relations (IR) reform plans, Junkeer expects there could be more change on the horizon.

“Depending on who gets elected in the upcoming federal election, I think we’re going to see changes in this space. However, neither of the major parties are talking about what their industrial relations and work platforms are [at this stage].

“During the last federal government change, IR and workplace relations reform wasn’t a big policy agenda item, so the amount of change that came in was surprising to a lot of people. I suspect that’s going to be the same this year.

“People have to be ready for the fact that once we have the election and we know who’s in power, we can expect to see some changes. 

“If we see a Liberal government come into power, I think we could see the winding back of some of these changes, and if the Labour party gets in again, there could be further fine-tuning of some of the policy ideals that underpinned these recent changes,” says Junkeer, who will be speaking on the employment law landscape in more depth in an AHRI webinar later this month.

Until then, Junkeer expects the focus in employment law will be on consolidating recent changes and putting them into practice.

Below, she shares her insights on the key priorities for HR over the next 12 months.

1. Boards and executives turn their attention to wage theft

While the criminalisation of intentional wage theft came into effect in Australia just last month, Junkeer predicts a lag in court activity due to the complexity of the process required to investigate non-compliance.

“It needs to start with a regulator, [i.e.] the Fair Work Ombudsman, to get involved in an investigation. If it’s going down a civil pathway – as in, not a criminal pathway – then the ombudsman will work with the employer first to understand what’s happening, to repay people – which takes time – and then it would either prosecute or enter into a cooperation or enforceable agreement.”

The criminal pathway can take even more time due to the complexity of gathering evidence, meeting the high burden of proof and navigating the legal processes required for a criminal conviction. This includes extensive investigations, collaboration with law enforcement agencies  and the need to demonstrate intent under the relevant criminal code – factors that could significantly delay court proceedings.

“So I don’t think we will see a lot of court activity in this space this year – that will come later.”

What she is seeing more of though, is interest from  board and executive management teams to be kept abreast of the company’s plan to mitigate risks.

“It has taken a while for the messaging about wage theft to land with companies and organisations – not with HR, they’ve been internally raising this as an issue for some time now – but we’re now seeing it gain traction with executives and boards.”

Boards are asking their HR and payroll teams to conduct ‘health checks’ more regularly, she notes, which means the legislation is having its desired effect.

“In our practice, towards the end of last year, we started seeing a number of clients getting on the front foot by conducting checks. That’s quite a big source of activity within corporations and in HR teams and external advisors [at the moment].”

HR action point: HR teams should preempt the board’s questions about risk mitigation when it comes to wage compliance, says Junkeer.

“Get ahead of some of the issues by saying, ‘We’ve had some legislative change, so it’s a good time to pause, look at our systems and processes and do a check. Then we should create a framework to do continuous checks over the next few years.'”

This is a great opportunity for practitioners to position themselves as strategic, trusted partners in the business and avoid being brought in at the last minute to clean up a larger problem.

Hear more from Amanda Junkeer, and other Australian employment law experts, in AHRI’s webinar, 2025 Employment Law Updates: Preparing HR for the Year Ahead, on 25 February. This webinar is free to AHRI members.

2. Disputes about flexible work arrangements

The Right to Disconnect (RTD) hasn’t really had the significant impact many people were worried about last year, says Junkeer.

When the legislation was first introduced, many employers were concerned about its effect on their operating rhythms, prompting a rush to implement new policies and procedures to manage out-of-hours contact.

However, six months on, Junkeer observes that little has changed in practice. While disputes may still arise, she notes that, so far, the Right to Disconnect has been more effective in sparking broader conversations about workplace flexibility than in serving as a tool for resolving conflicts between employers and employees.

“For most modern workplaces where flexibility is a two-way street, you see a lot of good faith agreements in place. There’s good communication and a mutual understanding [of the benefits of flexible work] and it seems to be working quite well.”

Where disputes may increase is around flexible working arrangements. Anecdotally, she says her law firm saw an increase in these disputes in 2024.

Employees are using the flexibility request mechanism more often, likely spurred by some of the language and information that permeated traditional and social media during the rise of the Right to Disconnect last year.

Some [of these disputes] are going to the Fair Work Commission and I think we’ll see more of that this year. 

“I think what we’re seeing is that many employers have proactively implemented policies and procedures in response to the Right to Disconnect laws. This is because there’s a strong intersection between the Right to Disconnect, working hours, ordinary hours, and employees’ flexibility in how they structure their work. 

“The key issue lies in how flexibility requests are understood and managed. Many organisations already have procedures in place for handling these requests, but some do not. So I expect that any disputes will likely emerge in this space.”

HR action point: Ensure your HR team and managers fully understand their obligations regarding who is entitled to request flexible work arrangements, the factors that must be considered, and the circumstances under which a request can be lawfully denied.

“It has taken a while for the messaging about wage theft to land with organisations… but we’re now seeing that gain traction with executives and boards.” – Amanda Junkeer, Partner, Gadens.

3. Psychosocial risk management prevails

Psychosocial risk management remains a challenge for both HR and employers. Its complexity ensures it will stay a key focus in 2025 and beyond, especially as workplace wellbeing continues to gain prominence.

“One of the key complexities is that while psychosocial risk management is a safety obligation, it impacts other workplace aspects such as performance and disciplinary procedures, conduct expectations, workplace investigations, work hours and additional hours, and the workplace environment. 

“It isn’t one clear right or obligation, like with something like the Right to Disconnect, and requires a multi-faceted approach,” says Junkeer.

Image: Amanda Junkeer

“People and culture teams have to deal with the complexity of multiple layers of a dispute. It’s a complicated area to manage because there can be an intersection between an internal complaint, a health condition that’s impacting the complainant or respondent and a Work Cover claim.” 

While there is now more consistency across most states and territories (with the exception of  Victoria) on what employers must do to ensure psychosocial safety, managing these obligations at the workplace level remains complex.Many employers have updated their policies, safety systems and risk controls, she adds, but challenges arise when dealing with complex case management issues that intersect with psychological safety. 

One key difficulty is understanding which regulatory body has jurisdiction over different issues.

For example:

  • WorkSafe regulators handle workplace safety compliance.
  • Equal opportunity and workplace commissions (e.g., Fair Work Commission) address discrimination claims, bullying and sexual harassment disputes, and dismissal disputes.
  • Courts (e.g., Federal Circuit Court, Federal Court) may hear cases involving employment decisions and compliance with legislative, award and enterprise agreement rules.

This fragmentation can leave employers uncertain about their responsibilities when employees claim their workplace is psychologically unsafe. 

While all employers have a duty to eliminate or reduce risks, expectations around psychological safety often go beyond compliance frameworks, leading to disputes over what an employer should be doing versus what they are legally required to do, says Junkeer.

Anecdotally, Junkeer notes increased board engagement in psychosocial risk management, much like the response to wage compliance concerns. Boards are now asking questions like:

  • Are we meeting our psychosocial safety obligations?
  • How are we responding to regulatory changes?
  • What systems do we have in place to assess and mitigate risks?

This shift underscores the need for greater education on what psychosocial safety entails and how compliance responsibilities extend from the board to executive leadership and operational teams.

HR action point: To navigate the complexity, Junkeer suggests: 

  • Regularly review policies, procedures and risk identification and assessment frameworks related to psychosocial hazards.
  • Provide ongoing training for managers on performance management, workplace investigations and disciplinary processes as these are also areas in which psychosocial safety issues may be raised.
  • Ensure HR and safety teams collaborate closely to align safety compliance with people management.

“There may also be the need to assess how psychosocial safety impacts different ‘streams’ or elements in the management of complex employment cases. In addition to workforce-wide safety measures, safety risks or concerns may arise through the management of individual complaints processes and require pre-emptive and responsive measures to meet obligations to eliminate psychosocial risks.”

Junkeer stresses that organisations need ongoing education for leadership, HR and employees to clarify what psychosocial safety means in practice, how safety obligations differ from individual employee expectations and how boards and executives discharge their legal responsibilities.

“We’re going to become more sophisticated and experienced in dealing with these issues, but at this stage, we’re still seeing some apprehension from those who have to implement the response to the regulatory framework and then also deal with the uncertainty of not knowing whether what they’ve done is enough.”

This is why it’s crucial for HR teams to work really closely with their safety counterparts; this isn’t the type of work that a single business unit should shoulder alone. 

Listen to AHRI’s podcast episode on managing psychosocial safety risks in the workplace.

4. Employees are becoming more aware of their rights

In the wake of the COVID-19 pandemic, discussions about employee experience and workplace rights have become more prominent in both mainstream and social media.

This shift is partly driven by popular workplace trends – such as the four-day work week and the Right to Disconnect – gaining traction, particularly among younger generations, through platforms like TikTok and Instagram.

“Especially when we’ve got so many changes and there’s so much publicity about those changes, [people] are more aware of their rights. They also go looking for more information – and there’s so much they can find online now,” says Junkeer.

Where employees once turned to HR to ask, “What are my rights?”, they now approach with “I know my rights.” However, the rise in employees being self-taught also increases the risk of misinformation spreading within an organisation.

“HR becomes the front line of dealing with myth-busting, because it can be easy to misunderstand some of this legislation. For example, with the Right to Disconnect, there was so much information out there in the general community and many people assumed the right was something that it wasn’t. 

“For example, some employees thought it meant employers could not contact them after working hours, whereas that’s not what the law says. I had a client who fielded a question from an employee who asked, ‘Does this mean my employer gets a fine for contacting me outside of work?’ And no, that’s not the case.

“So a lot of HR practitioners are fielding these queries and trying to provide good, accurate information, but it’s taken up a lot of time.”

Read HRM’s article busting 4 myths about the Right to Disconnect.

HR action point: To keep misinformation at bay, it’s important that HR practitioners arm themselves with key information regarding the legislative framework, awards, enterprise agreements, contracts and how they all interact with each other, says Junkeer.

“Having some kind of base-level understanding is really important, so you understand the concepts and you can answer those questions that you get internally from time to time.”

Ensure compliance with Australian employment law changes by brushing up on your employment law skills with AHRI’s HR Law (foundational and advanced level) short courses. 

5. Slow progress on enterprise bargaining

While enterprise bargaining has stagnated in the past ten or so years, there has been a push from a policy perspective to increase it, says Junkeer.

“[The government] was hoping for some kind of revitalisation of bargaining, but that’s been slow. So I think we could see a greater focus on that this year.”

HR action point: Depending on your background in HR, you may or may not have the skills or previous exposure to enterprise agreements, so this is an important area to upskill in.

“It’s important to have a foundational understanding of enterprise bargaining. Attending a few training sessions can help you grasp key concepts such as ‘good faith bargaining’, the different types of agreements, the framework for making an agreement and the legislative requirements for effective agreements. For example, do you know that an agreement doesn’t automatically expire on its end date but continues to operate until it is replaced or terminated?”

AHRI’s Enterprise Bargaining course walks you through a step-by-step engagement plan.

6. Casuals and contractors still on employers’ radars

The new rules for the engagement of casual workers is also worth brushing up on, says Junkeer.

“The changes to the casual employment definition [from August 2024] are prompting many employers to review their casual engagement models proactively to mitigate potential claims. At the same time, casual employees are increasingly inquiring about their conversion rights, so I think this will be a key focus for the year ahead.”

Junkeer also highlights that the distinction between independent contractors and employees will remain a major point of discussion for employers in 2025 and beyond.

“It’s really important for employers to be aware of the differences.”

HR action point: Regularly evaluate whether your employees are properly classified as casual or otherwise and keep in mind that casuals can now more easily request conversion to permanency.

Read HRM’s guide: ‘How to tell the difference between a contractor and an employee.’

Read HRM’s article: ‘When can employers refuse a casual conversion request?

What should HR focus on?

HR practitioners are now expected to be well-versed across multiple areas, whereas there were once clear distinctions between IR specialists/industrial relations experts and employment specialists handling case management,” says Junkeer.

“The expectation today is for HR to have broad knowledge across both industrial and employee relations,” she says. “[However], HR teams are already stretched, and with increasing caseloads and ongoing legislative changes, they won’t be getting less busy.”

Given the year ahead, Junkeer advises HR and People & Culture teams to plan proactively. This could involve internal education campaigns, management and executive training or workforce-wide initiatives to mitigate the volume of queries, disputes and claims. However, proactive planning is often deprioritised due to the sheer backlog of day-to-day work.

“Pick four or five key agenda items for the workforce and align them with management early. Get buy-in upfront, or at the very least, have a plan ready so that when someone asks, ‘Have we considered compliance?’ you can respond with, ‘Yes, we’ve prepared a paper outlining our approach – here’s what we recommend and the investment required.’”

Hear more from Amanda Junkeer and other Australian employment law experts in AHRI’s webinar, 2025 Employment Law Updates: Preparing HR for the Year Ahead, on 25 February. This webinar is free to AHRI members.  

All information, content and materials available on this site are for general informational purposes only. The contents of this article do not constitute legal advice and should not be relied upon as such.

Subscribe to receive comments
Notify me of
guest

4 Comments
Inline Feedbacks
View all comments
Dee
Dee
6 days ago

Great article, summary. Thank you

Nerea
Nerea
2 days ago

Informative and concise article which illustrates the breadth of HR’s responsibilities.

Cristina
Cristina
1 day ago

Appreciate this article. Will share with our team. Thanks! 🙂

Angie Hadwen
Angie Hadwen
1 day ago

Thanks Amanda! I’ll be sure to join your webinar…. which regards to Psychosocial risk management, would love to hear your thoughts on the added Sexual Harassment prevention plan that has to be in place 1 March 2025. It’s doing my head in a bit.

More on HRM