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2025 was a landmark year for Australian employment law. As 2026 unfolds, further significant developments are expected. This article outlines the key changes for 2026, including payday superannuation and Fair Work Commission reviews, and highlights what employers need to do to stay compliant and prepared.
Introduction
As Australian employment law continues to evolve, 2026 brings further reforms and regulatory changes. For employers, staying ahead is essential to managing risk, ensuring compliance and maintaining a fair workplace. While more changes may arise throughout the year, this article will look at what is currently on the horizon.
Payday superannuation
From July 2026, employers must pay superannuation on the same day as wages or salaries, whether that is weekly, fortnightly or monthly. Payments must be transferred directly to the employee's chosen fund on payday and received within seven business days. Late payments will incur the superannuation guarantee charge with daily compounding interest.
More frequent payments may increase costs compared to annual payments, so employers should budget accordingly.
How should you prepare?
- Review the ATO's guidance on payday superannuation.
- Update payroll and superannuation systems to handle more frequent payments.
- Seek professional advice to ensure compliance.
Changes to general protections involving dismissal application process
In response to increased dismissal-related claims in 2025, the Fair Work Commission is reviewing its case management process in three stages:
- Review of application and response forms
- Review of processes for conducting section 368 (dismissal dispute) conferences
- Review of information and education materials
Stage one is now complete, with updated Form F8 (application) and Form F8A (response) now available on the Fair Work Commission website. Key changes from stage one include:
- Requests for legal representation now require written submissions explaining the necessity. These requests will be decided 'on the papers' before the conference.
- Late applications must demonstrate 'exceptional circumstances' and are reviewed before serving the application on the respondent.
- Applicants must clearly outline alleged contraventions, while respondents are required to raise any jurisdictional objections in their initial forms to ensure proper preparation.
How should you prepare?
- Familiarise yourself with the detailed requirements in the new form.
- Maintain detailed records of dismissal processes and decisions.
Paid parental leave extension
The government-funded paid parental leave scheme continues to evolve in 2026, with eligible parents now entitled to up to 26 weeks of paid parental leave. This is an increase from 24 weeks in 2025 and 22 weeks in 2024, aiming to support a flexible return to work for new parents.
How should you prepare?
- Consider whether you need to update parental leave policies to reflect the new government entitlement.
- Clearly communicate the changes to employees, explaining their rights and options.
- Ensure payroll and HR systems are updated to accurately track the extended leave where required.
Workplace Gender Equality Agency reporting changes
From 2026, employers with 500+ employees will be considered designated relevant employers (DREs) under the Workplace Gender Equality Act 2012 (Cth). DREs must:
- select three gender equality targets, including at least one numeric target
- meet or demonstrate improvement against these targets over a three-year cycle.
Targets can be chosen from the Workplace Gender Equality Agency's (WGEA) Targets Menu. The listed targets include reducing the gender pay gap, consulting employees on gender equality, improving sexual harassment policies and enhancing flexible work options.
WGEA assesses progress by comparing final year data against baseline data.
How should you prepare?
- Analyse company data to identify key gender equality priorities and areas for improvement.
- Set realistic, measurable targets aligned with WGEA guidelines.
- Review and update workplace policies to support these targets.
Fair Work reviews
Former Fair Work Commission member Susan Booth is reviewing the Fair Work Amendment (Closing Loopholes) Acts of 2023 and 2024, which introduced same job, same pay for labour-hire workers, gig economy rights and stronger casual protections. A draft report is due on 15 May 2026, with the final report by 15 June 2026. Due to limited case law, the review of the right to disconnect provisions has been paused.
Former Commissioner Booth will also revisit the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) following the government's commitment to further assessment.
Separately, the House of Representatives is reviewing the National Employment Standards to assess their ongoing relevance for workers, employers and the economy. Submissions for this are open until 27 February 2026.
New model WHS Code - elevating work platforms
Safe Work Australia has introduced a new national model WHS Code of Practice for elevating work platforms. This Code was developed in response to findings by WorkSafe Victoria, which identified elevating work platforms as some of the most hazardous equipment in the workplace.
The Code establishes a comprehensive risk management framework that addresses key hazards, including structural or mechanical failures, falling objects, extreme weather conditions, worker fatigue and psychosocial risks.
It is important to note that the Code will only take effect in a harmonised jurisdiction once that jurisdiction has formally adopted it.
How should you prepare?
- Conduct thorough risk assessments for all elevating work platform operations.
- Implement and regularly review maintenance and safety procedures in line with the new Code.
- Provide comprehensive training and supervision to workers operating elevating work platforms.
Conclusion
2026 will bring several important employment law changes that require proactive attention from employers. Staying informed and updating policies, systems and training will be critical to maintaining compliance and workplace safety. Employers who adapt early will navigate these changes with confidence and ease.
We will keep you updated as the year progresses for significant developments in the law impacting employment and workplace relations. If you have any questions regarding the issues raised in this article, please contact a member of our workplace relations and safety team.
Cooper Grace Ward is a leading Australian law firm based in Brisbane.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.
