Webinar Summary: 2026 Employment Law Changes: What Australian Businesses and Legal Counsel Need to Know

James True:
Welcome, everyone, to our webinar today on 2026 Employment Law Changes: What Businesses and Legal Counsel Need to Know.

My name’s James True. I’m the Practice Group Leader in LegalVision’s Employment team.

Now, a lot to get through, but before we begin, just a few housekeeping items. You’re going to receive the recording and the slides in your email after this session. You can submit your questions throughout, and we’ll have an opportunity for Q&A at the end. There’s a Q&A box for you to submit questions, and I’ll try to get to as many as I can. Finally, please complete the feedback survey at the end of the webinar.

Please do fill that out. We want these webinars to be as helpful as possible for you, so we really do welcome your feedback to help us improve.

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Eligibility for Consultation

James True:
Moving on for our in-house counsel clients joining us, or any clients or members who are joining us, you’re eligible for a free consultation with us to learn how we can help your in-house team manage your high-volume BAU legal needs.

Just leave your contact details in the survey at the end of the webinar, and we’ll get in touch with you. This will also be an opportunity for anyone who has questions we don’t get to, or other topics you want covered, to have a chat with us.

Webinar Agenda

James True:
So let’s get straight into it. Here’s what we’ll be talking about today:

1. Wage theft.
2. Changes in relation to casual employees.
3. A High Court decision, which is critical for your employment contracts and workplace policies.
4. Recent changes in relation to AI use, workplace surveillance, and the management of psychosocial hazards in your business.

And then, of course, we’ll round it off with some Q&A at the end. As I said, submit questions as we go. Let’s jump straight into it. We’ve got a lot to cover, starting with wage theft.

Wage Theft as a Criminal Offence

James True:
Wage theft — the most relevant update here is that it’s now a criminal offence. This change occurred early last year. When we talk about wage theft as a criminal offence, we’re not talking about all underpayments now amounting to a criminal offence. Rather, there is now a very specific offence under the Fair Work Act.

This offence relates to the deliberate failure to pay wages, allowances, or superannuation amounts owing to employees.

The important thing here, in terms of penalties, is that you’re looking at potentially up to 10 years in prison.

Enforcement and Civil Penalties

James True:
We don’t have any cases yet; no one’s been prosecuted since this became an offence last year. So it’s very much a “watch this space” to see how the courts and prosecutors handle this new legislation.

Even if your business is not concerned about this as a criminal offence, we are seeing a huge rise in enforcement from the Fair Work Ombudsman in relation to civil penalties.

Taking a step down from the criminal offence of deliberate underpayment, just the standard contravention of the Fair Work Act for failing to pay entitlements has led to some significant recoveries. In the 2024-2025 financial year, almost $360 million of wages were recovered by the Fair Work Ombudsman. That’s certainly going to be more this financial year, which is already halfway through, with very significant recoveries so far.

Casual Employees and Recent High Court Decision

James True:
Moving on, let’s talk about changes related to casual employees.

A key development in the last year was the High Court decision on casual employment. The High Court’s ruling clarified that casual employees are entitled to the same rights as permanent employees under certain circumstances, particularly when they’ve been working regular hours for extended periods of time.

This ruling could have a major impact on how your business manages casual employees, including changes to entitlements, such as paid leave and notice periods. It’s essential to revisit your casual employment contracts and workplace policies in light of this decision to ensure compliance.

The Impact of AI and Workplace Surveillance

James True:
Next, let’s look at the recent changes related to the use of AI and workplace surveillance. These areas are becoming increasingly important as businesses look to automate processes and collect more data on employees.

There are emerging concerns around privacy and data protection when using AI for employee monitoring, recruitment, or performance management. While AI has the potential to increase efficiency, it’s critical that businesses ensure transparency with employees and comply with existing data protection laws.

Workplace surveillance, such as tracking employee activity through digital tools or monitoring physical spaces, also raises privacy concerns. You need to ensure that any surveillance is proportionate and in line with workplace policies, and employees are informed of the extent to which their activities are being monitored.

Managing Psychosocial Hazards

James True:
Another significant change is the growing focus on psychosocial hazards in the workplace. These include risks such as stress, harassment, and bullying, which can seriously impact employee well-being and productivity.

Employers are now more accountable for managing these psychosocial hazards and ensuring a safe working environment. It’s essential for businesses to implement policies and training programs to address these issues and create a supportive workplace culture. Failure to manage psychosocial hazards can result in legal action and significant reputational damage.

It’s important that businesses take a proactive approach by regularly assessing risks, addressing concerns raised by employees, and providing appropriate support mechanisms.

Key Takeaways

James True:
To summarise, here are the key takeaways for businesses in relation to the changes discussed today:

1. Wage theft is now a criminal offence for deliberate underpayments, with penalties of up to 10 years in prison.
2. Casual employees are now entitled to the same rights as permanent employees in certain circumstances, following a High Court ruling.
3. The use of AI and workplace surveillance is under increasing scrutiny, and businesses must ensure they comply with data protection and privacy laws.
4. Managing psychosocial hazards in the workplace is now a critical responsibility for employers, and failure to address these risks can lead to legal consequences.

Closing Remarks

James True:
That concludes our webinar for today. Thank you once again for joining. We’ll now take some time to answer the questions submitted during the session.

Please feel free to reach out if you have any further questions after the webinar. We look forward to helping you navigate these employment law changes and ensuring your business is fully compliant.