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The re-election of the Labor Government marks a decisive continuation of its industrial relations agenda, and for Australian employers, that means more than just minor adjustments to policy. These are structural shifts that will reshape how businesses engage labour, manage compliance, and retain talent.

If you’re in HR, legal, or the executive suite, this is not the year to take a wait-and-see approach. Too much is in motion and the cost of falling behind has never been higher.

'Same Job, Same Pay' No Longer Just a Talking Point

The Fair Work Amendment from 2023 is now biting. The Fair Work Commission began enforcing “Same Job, Same Pay” provisions in November 2024, ensuring that labour hire workers receive pay equal to directly employed counterparts performing equivalent roles.

The policy isn't theoretical anymore. Large employers are feeling it. Qantas, for example, reported a $22 million increase in labour hire costs in just six months. Organisations using external labour should be reviewing contractor arrangements now, not in six months, because these changes affect not only wages but also budgeting, compliance processes, and IR risk profiles.

Payday Superannuation: Compliance on a Tighter Clock

From 1 July 2026, superannuation payments will move from quarterly remittance to alignment with each pay cycle. Known as “payday super”, this reform is designed to eliminate payment delays that often impact casual and lower-income workers.

Is your payroll team ready? Many aren't. Transitioning to real-time super will require more than software updates, it will require stronger internal oversight, revised payroll policies, and a fresh round of training across finance and HR teams.

The penalties for non-compliance haven’t changed, but the margin for administrative error has tightened significantly.

A National Labour Hire Licence: Simpler in Theory, Harder in Practice

Talks have been underway since 2023 to introduce a national labour hire licensing scheme, replacing the patchwork of state-based rules. While a formal start date hasn’t been set, the direction is clear.

This change promises to reduce duplication for national employers but don’t be fooled into thinking it’s a free pass. National consistency often brings increased scrutiny. If your organisation relies on labour hire providers, especially in high-risk sectors like manufacturing or logistics, now is the time to audit those relationships and prepare for additional due diligence.

Post-Employment Restraints: A Quiet Revolution

Perhaps the most under-discussed reform is the proposed ban on restraint clauses in employment contracts for workers earning under $175,000. That includes non-competes. That includes non-solicitation of clients and staff.

Unless you’re in an exempt sector (such as finance), expect this to become law. And if it does, most contracts signed after the reform will need to drop these provisions altogether or risk legal exposure.

What does this mean in practical terms? You’ll need to rethink how your organisation protects intellectual property, commercial relationships, and team structures without the safety net of post-employment restrictions. Legal, HR, and leadership teams must begin developing risk-adjusted alternatives now.

The Fair Work Commission: A Quiet Shift in Power

Another outcome of Labor’s return is the expected continuation of appointments to the Fair Work Commission that favour a more pro-employee, pro-union perspective. While not headline-grabbing, these changes influence enterprise agreement approvals, dispute resolution, and equal pay rulings in subtle but powerful ways.

Smart organisations aren’t just watching these changes—they’re adjusting their workplace relations strategy accordingly.

Immigration Compliance: The Risk You Can't See Until It's Too Late

Here’s the part most HR and executive teams still overlook: immigration compliance.

Recent reforms under the Migration Amendment (Strengthening Employer Compliance) Act 2024 mean a breach of visa obligations can result in:

• Fines exceeding $300,000 per incident
• Placement on the "prohibited sponsor" register (5–10 year bans)
• Criminal and civil liability for executives

Sound extreme? It isn’t. In the last year alone, the Fair Work Ombudsman and the Department of Home Affairs have ramped up joint enforcement, including unannounced audits in Melbourne, Sydney, and regional centres. Employers with sponsored visa holders are particularly exposed.

What’s alarming is how often breaches occur unintentionally, outdated VEVO records, missed notifications to the Department, or managers unaware of visa condition restrictions. If you can’t track it, you can’t manage it. And if you can’t manage it, you’re one audit away from serious operational disruption.

What Should Employers Do Next?

There’s no silver bullet, but these steps will put your organisation in a stronger position:

• Labour Hire Review: Reassess workforce composition and contractor terms
• Payroll Preparation: Begin system testing and process changes for payday super
• Contract Rewrites: Remove unenforceable restraint clauses and prepare alternative protections
• Immigration Audit: Implement visa compliance software, refresh VEVO protocols, and train managers

How Complize Can Help

Complize is an Australian-built workforce compliance platform designed to help HR and executive teams navigate the increasingly complex regulatory environment. From visa tracking and sponsorship compliance to audit-ready documentation and manager training, Complize streamlines compliance processes, reduces manual workload, and mitigates risk.

Whether you're preparing for industrial reforms or managing a diverse international workforce, Complize ensures your business stays compliant, informed, and protected. 

→ Book a demo today to assess your organisation’s compliance readiness.