As the workforce evolves, so too do the legal responsibilities of employers. Employment law is essential for managing a successful organization, yet it often presents challenges.
In today’s dynamic workplace, understanding and meeting your employment law obligations has never been more crucial.
Join us in this week’s edition of ‘Let’s Talk’ as our experts delve into key legal requirements, share best practices, and discuss the latest updates to help you confidently navigate this complex landscape.
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Suyin Enriquez, Vice President HR International at Dayforce
“Today’s employers face a growing list of employee regulatory requirements, including employee rostering, timekeeping, data privacy, national and state labour laws, taxes, employee documentation, DEI initiatives, anti-discrimination regulations, work health and safety and leave policies.
“For example, how does a company stay compliant if it has employees working in the office in one region and at home in a different region, with different compliance frameworks? What if an employee wants to work overseas for a few months, what are the payroll tax implications? If you work with a combination of deskless workers and in-office workers, how do you determine which workplace benefits are extended to each, while ensuring employee equity?
“Luckily, modern Human Capital Management solutions contain both the breadth and accuracy to help companies handle these concerns, and they are updated constantly to ensure ongoing automated compliance within a shifting global regulatory landscape.
“In addition, investments in AI can also be leveraged to manage workers of any classification in any region, ensuring a compliant work environment that increases engagement and boosts productivity.
“Finally, businesses must also have a solid foundation of clean, secure, and private data and access to high-quality, diverse and representative datasets to support transparent, timely reporting.”
Jennifer Wyborn, Workplace Relations, Employment & Safety Partner at Clayton Utz
“Australia’s IR landscape has seen significant change in recent years, with major reforms to the Fair Work Act and other work-related legislation, including increased rights for gig workers and casual employees, a right for employees to disconnect, and a positive duty requiring employers to proactively prevent sexual harassment in the workplace. As laws continue to evolve, it’s crucial to understand how to navigate your responsibilities and obligations as an employer to stay ahead of the curve and ensure compliance.
“Ongoing audits of your current workplace policies and procedures is key. Work with your HR and legal advisers and be sure to communicate any changes with your employees. It’s important to audit regularly so you’re always staying up to date with the latest law and regulation.
“It’s important to go further than simply ticking a box for compliance, particularly as many of the new IR laws are yet to be tested in court. Consider the risks, what future reform is coming, and how you can be prepared and compliant early.
“IR laws are increasingly complex and more reform is expected, so be sure to speak with your employment lawyer to ensure you’re meeting your current and future obligations.”
Greg Lever, Senior Vice President & General Manager APAC at Iron Mountain
“Compliance regulations are essential for ensuring businesses operate ethically and within legal boundaries. However, ongoing revisions to employment laws and the Privacy Act are creating administrative headaches for SMEs, who are already running on limited resources.
“As a first step, businesses must have a comprehensive understanding of the compliance requirements relevant to their industry. This may involve reaching out to a professional and subscribing to regulatory alerts or attending events. It’s important to educate employees in their roles and duties on compliance issues, and ensure this training is up to date, so they can stay on top of the many moving parts.
“Fortunately, there are many ways technology can help. Software and automation tools can monitor changes in compliance and ensure employees are adhering to procedures – such as using a Digital Experience Platform, where AI, for example, can automatically send reminders to employees to update their files as needed, ensuring audit-ready compliance.
“Dealing with complex compliance can present significant hurdles for businesses in Australia. However, by taking a proactive approach and seeking support, compliant organisations will build trust with stakeholders, safeguard their reputation, and mitigate potential risks.”
Shannon Karaka, Country Leader for ANZ at Deel
“Ensuring compliance with employment laws and regulations can be a challenge for businesses, particularly as workforces become increasingly distributed and legislation evolves to accommodate an increasingly global market. To keep up with the changing conditions, companies need to have a solid, base knowledge of laws specific to the market they’re operating in and be proactive in conducting regular reviews of policies and practices. In doing so, businesses are better equipped to mitigate compliance risks, stay ahead of changes and avoid costly mistakes.
“Given that navigating such laws and regulations can be complex, owing to contract nuances, taxation rights, worker rights, wage regulations and benefits that differ market-to-market, HR professionals are increasingly looking to automated technologies to help streamline and manage these intricacies. Automating routine HR processes not only can improve accuracy but also reduce administrative burden. Technology platforms that integrate seamlessly with changing employment laws can help businesses remain agile and compliant, wherever they operate.
“Such solutions can also assist organisations in expansion as they can manage and consolidate local employment contracts, payroll taxes, and provide legal expertise tailored to specific regions. This ensures compliance across borders as companies adjust to new markets, leaving them to focus on scaling operations. By integrating such tools, businesses can navigate the complexities of the modern workplace more efficiently and with confidence, while meeting regulatory standards.”
Stephany Dobbelstein, Director, People & Culture at Moore Australia
“Ensuring compliance with employment laws is like building a house—it’s all about having strong foundations. The foundations of compliance consist of well drafted employment agreements, job descriptions, and workplace policies. Just as a house can’t stand strong without a solid base, a business can’t operate effectively without these documents in place, as there is a flow on effect into getting the award determination / classifications right for your employees.
“Much like maintaining a house, compliance requires ongoing attention. It’s not enough to set it and forget it. Regular reviews—ideally on an annual basis—are essential, particularly in our current environment where we have seen many changes to the Fair Work and Modern Awards. Consulting with your HR advisor during these reviews ensures that your ‘foundations’ stay strong and aligned whilst enabling you to focus on continuing to grow your business.”
Matt Loop, VP and Head of Asia at Rippling
“Compliance with employment laws is a critical concern for businesses of all sizes, particularly in an ever-evolving regulatory landscape. The key to navigating this complexity lies in harnessing the right technology that helps simplify compliance processes.
“For Australian businesses, recent changes to industrial relations laws have introduced new obligations around employee entitlements and classifications– but traditional, manual processes can leave organisations vulnerable to costly errors and non-compliance. This is where a unified platform can make a significant difference. By automating employee management tasks, businesses can ensure accurate and consistent compliance with local regulations, from tracking employee hours to managing entitlements.
“As more Australian companies expand internationally, they face additional complexities in adhering to the legal requirements of different markets. A centralised platform helps businesses to manage compliance across multiple jurisdictions effortlessly, providing a single source of truth for employee data and ensuring compliance is maintained globally.
“In today’s business environment, compliance is not just about avoiding penalties; it is key to building trust and transparency with employees. By leveraging advanced technology, businesses can turn compliance from a burden into a strategic advantage, fostering a productive and globally competitive workforce.”
Ben Thompson, CEO at Employment Hero
“Australian employment law is notoriously complex, covering state and federal regulations in employment, health & safety, and payroll. For example, misclassifying an employee as a contractor can lead to fines of up to $469,500 under the Closing Loopholes legislation. My top tip: invest in a comprehensive Australian employment operating system.
1. Use a Digital Employment Operating System – Built for Australia
With the Fair Work Act spanning over 1,000 pages and constant changes to laws and pay rates, manually tracking updates is impractical. Implementing an Australian employment software system reduces compliance burdens and sets you up for success.
Choosing the right provider is crucial. We employ hundreds of Australian employment lawyers, payroll experts, and HR specialists. Employment Hero’s operating system is built for Australia. For example, our system automatically sends the Casual Employment Information Statement to employees, avoiding penalties of up to $93,900 per breach. Relying on manual processes is too risky.
2. Use One Employment Operating System
Over the past decade, many businesses have opted for different providers for HR, payroll, benefits, and recruitment as their needs evolve. It results in tangled systems. You need a single, accurate record of your employees’ data to manage and pay them correctly. Using one system with one source of truth eliminates the headache of integrating multiple systems and decreases the risk of non-compliance.”
David Price, CEO at Peninsula Australia and Peninsula New Zealand
“As an employer, it’s crucial to understand what laws and regulations cover your employees. Getting it wrong can result in significant penalties, which can be incredibly damaging for a small business.
“If your employees are covered by an award, you must give them at least the minimum pay and entitlements outlined in that award for the job they do, the hours they work, and when they work them.
“You also need to consider the employee’s duties, level of experience and qualifications, as these may impact their classification and corresponding rate of pay under the relevant award. Employees’ classification levels should be reviewed regularly as they progress in their employment to ensure they’re still being paid correctly.
“Where there’s a registered agreement such as an enterprise agreement, it will usually apply instead of the applicable modern award. If an employee isn’t covered by a modern award or registered agreement, they are considered to be award or agreement free. The National Employment Standards (NES) and national minimum wage set out the minimum terms and conditions for award-free employees.
“Australian employment legislation can be complex, confusing, and time-consuming to navigate. I advise employers to seek professional advice to help ensure they’re achieving compliance.”
Sabrina Scherm, Customer Success Manager at HiBob
“Compliance with federal and state employment laws can be challenging, especially for smaller businesses that don’t have the same resources as larger organisations. The key lies in being proactive rather than reactive, in order to avoid costly mistakes. Regular training for managers and HR teams is essential, as they’re on the front line and responsible for implementing policies correctly. This training should cover crucial areas such as hiring practices, employee termination, and wage standards.
“Maintaining detailed employee records is also essential. Accurate records not only help meet legal obligations but also ensure fairness in compensation, career progression, and performance management — which can go a long way in building trust with employees. Tools like the Fair Work calculator can be invaluable, helping to simplify compliance with wage standards.
“Ultimately, compliance is about more than avoiding penalties — it’s about creating a workplace culture that values fairness, transparency, and respect — a strong foundation for long-term success.”
Rose Dimitrious, Special Counsel at Holding Redlich
“The workplace law landscape has significantly transformed in recent years, leaving SMEs in a difficult position as they navigate and ensure compliance with the various changes.
“Our top tip for ensuring compliance is to consider how these changes might affect you.
“The most recent change is the new ‘right to disconnect’ laws which came into effect in August for employers with 15 or more employees. The right allows workers to refuse unreasonable contact outside of work hours. For employers with fewer than 15 employees, this legal right will commence on 26 August 2025.
“The legal position for determining whether a contractor is really an employee now emphasises the practical realities of the engagement. This impacts how you accurately classify your workers. Finally, if you have casuals, make sure they are treated like casuals in practice.
“Practically speaking, you should take advantage of free webinars and seminars run by employment lawyers to stay informed about the new changes. Leverage your LinkedIn network to find upcoming seminars and read articles from employment lawyers to broaden your understanding. For example, this recent article provides guidance on how to mitigate risks associated with employees posting on social media at work.”
Aisling MacNamara, Director of Learning, Enablement & Inclusion at LearnUpon
“As compliance training is required and often legally enforced, it demands a more formal process than other learning and development. Many organisations find it challenging to ensure employees complete their training and to track which courses have been finished and when, leaving them vulnerable to risk.
“A learning management system (LMS) allows the delivery of compliance training in an easy-to-access and engaging way for employees. Additionally, with its reporting, it makes the tracking of compulsory training easier. This reduces the complexity involved, bringing a layer of automation to compliance training.
“Running compliance training programs without a safety net isn’t a good idea, especially considering the repercussions involved. With the right LMS, organisations can build an assessment and certification engine that automatically enrols, tests, and certifies employees so organisations are always audit-ready.”
Kay Eriksson, Chief Operating Officer at Whizdom
“To ensure compliance with employment laws, businesses need a solid framework for monitoring, training, and adapting to legal standards. Stay up to date on labour laws, including fair work practices, anti-discrimination, and occupational health and safety. Implement training programs to ensure staff understand their legal responsibilities.
“Conducting internal audits, helps with identifying gaps and provides opportunities for correcting compliance issues. External audits offer fresh perspectives and ensure alignment with industry standards. Adopting digital tools streamlines contract management and documentation. Systems such as Cm3 assist in maintaining compliance with health and safety regulations, while feedback systems help monitor ongoing compliance. Certifications, like ISO 9001, promote continuous improvement, ensuring alignment with legal and client expectations.
“When compliance is seen as a shared responsibility, recruitment becomes a true partnership. Whizdom has spent years building a strong, reliable business because we believe clients should trust their recruitment partner to uphold high legal and ethical standards, just as candidates deserve transparency and fairness throughout the hiring process. This shared approach fosters lasting relationships based on professionalism and accountability.”
Ilona Charles, Co-Founder of Shilo and Author of HR for Impact
“To ensure compliance with employment laws and regulations in Australia, start by familiarising yourself with the Fair Work Act and other relevant legislation, including state-specific laws. Regularly review updates from the Fair Work Ombudsman and other regulatory bodies.
“Implement comprehensive policies that address hiring practices, wages, workplace safety, and anti-discrimination measures. Training programs for management and employees are essential to promote awareness and adherence to these policies. Keeping up with changes to employment laws can be challenging; consider consulting with legal experts or HR professionals to navigate complex regulations and create a robust compliance framework that adapts to the changing legal environment. In addition, local employer associations and bodies provide access to employee relations specialists and provide comprehensive updates and training for members and non-members. A culture of transparency, openness and clear reporting mechanisms for employees will support the embedding of compliance processes and greater adherence to policy.”
Peter Colacino, Contracts Ambassador – ANZ at NEC
“With the competition for skills in Australia running hot, Australian businesses need to go beyond the adherence and compliance with employment regulation to offer additional benefits and protection for employees.
“In skill-constrained industries, such as construction and major project delivery, businesses must strive to be an employer-of-choice by demonstrating an employee-centric culture. While a safety culture was historically a paramount focus, a deeper view of wellbeing is now critical. This may involve embracing Equality, Diversity and Inclusivity (EDI), incorporating flexible working practices or embracing a culture of collaboration.
“Culture change requires more than good intent or industry-scale commitment to change. An enabling organisation culture and a modern commercial environment are critical. The adoption of contemporary contracting approaches, such as the NEC suite, coupled with a supportive organisation culture are the foundations for moving beyond compliance to leadership.”
Jennifer McKennariey, CEO at Dynamic Capabilities Consulting
“The cost of non-compliance can be detrimental — not just financially, but also to workplace morale.
“Begin with providing new employees with Fair Work Information Statements and classifying roles correctly under the appropriate award or enterprise agreement. Issue employment contracts clearly outlining wages, benefits, and conditions. Regularly review job descriptions to maintain alignment with evolving responsibilities and document all classifications and entitlements.
“Operational management must prioritise compliance awareness. Ensure all employees understand compliance requirements, including work allocation, entitlements, health/safety regulations, and communications regarding working hours/shift changes. Ensure operating hours and rosters meet business needs while respecting employees’ rights to disconnect and take breaks.
“Implement reliable time and attendance systems, and maintain complete employee records, including contracts, Fair Work statements and communications. Familiarise yourself with ATO guidelines on PAYG withholding. Maintain a reliable payroll system and document all system configuration changes.
“Conduct (at least) annual risk and compliance audits to identify potential issues. Verify pay rates against minimum entitlements, ensuring superannuation contributions are accurately calculated and paid promptly.
“There are nuanced workforce compliance complexities across different industries and business models. Dynamic Capabilities Consulting offers customisable workforce compliance self-assessment tools designed to help organisations achieve cost-effective compliance and promote positive workplace culture.”
Tracy Ford, Founder & HR Consultant at Concept HR Services
“Ensuring compliance with employment laws requires careful attention to the entire employment lifecycle—from hiring, onboarding, and managing staff, to offboarding, pay and benefits, and health and safety. In Australia, various federal and state laws are governed by bodies such as Fair Work, Safe Work, and the Australian Human Rights Commission, to name a few. As an HR professional, I stay informed through updates, case law, membership of professional associations and engaging with a network of HR and employment experts.
“Regularly reviewing policies, procedures, contracts, and workplace practices is crucial to ensure they align with current legal standards. Compliance audits, accurate recordkeeping, and the use of software for tasks such as payroll and leave management help mitigate risks. If you don’t have the expertise in-house, consider outsourcing to an HR or employment expert.
“Training managers on legal requirements and addressing issues like harassment or discrimination early not only helps prevent costly legal disputes, but it also ensures a fair and positive workplace culture. Utilise audit tools and checklists available from government websites such as Fair Work and Safe Work to ensure that all aspects of your employment practices are compliant and regularly updated as regulations evolve.”
Walter Scremin, CEO at Ontime Delivery Solutions
“Compliance with employment laws and regulations may extend to organisations and contractors you outsource services to.
“Labour hire laws apply to outsourced suppliers, and it’s important to ensure your suppliers are licensed under your state’s labour hire laws.
“Importantly, it is your responsibility as a business to ensure suppliers are properly licensed.
“Mistakes can be costly, and penalties severe. According to the Labour Hire Authority in Victoria: Maximum penalties exceeding $600,000 for a corporation and $150,000 for an individual apply under the Act for providing labour hire services without a licence, or engaging unlicensed labour hire services.
“Ensure you check that any suppliers are properly licensed. And seek good legal advice.”
Dan Copsey, Group Chief Executive Officer at Agency Stack
“Before you can ensure compliance with employment laws and regulations, you need to understand and know what you need to be compliant with. It takes a conscious effort to keep up to date with any business laws. Reading and subscribing to relevant media and newsletters is one way to keep abreast of any updates, changes or fluctuations. Trade media is especially important to read as different industries have different legal requirements. This is something I’ve learnt first-hand through my experience across the construction, hospitality, advertising and NFP industries.
“Hiring external trusted advisors who can guide you can also be beneficial for ensuring compliance, however if you seek expert support, it’s important you don’t rest on your laurels. As a business owner, you can’t be naïve to the law. Having time carved out of your diary on a regular basis to inform yourself on the latest employment updates is essential for adherence.”
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