Hunter Employee Relations Review – March 2026

What you need to know, what you need to act on, and when.

The following is a quick user friendly update for employers on Government legislative changes and Fair Work Commission test cases.

One Minute Summary

The Fair Work Commission Award test case on Working from Home held hearings on 10&11 February. The Fair Work decision is pending.
National Employment Standards Review continues in the House of Reps Standing Committee.
As part of the NES Review the ACTU is seeking 10 days per year paid parental leave.
The ACTU is also seeking an additional week of annual leave to decrease stress and burnout of employees.
The Federal Government’s restrictions on restraint clauses in employment contracts appears to be more onerous on employers than originally thought.
The Fair Work Commission Expert Panel on Award part-time clauses is seeking submissions on a range of issues relating to Award part-time clauses.
NSW Digital Work Systems Laws have commenced via WHS legislation change. Unions have a right to access and inspect digital work systems.
December Quarter Wages Growth increase takes annual wage growth to 3.4%

Working from Home – Clerks Private Sector Award 2020

This matter concerns the insertion of working from home provisions in the Clerks Private Sector Award to support employers and employees making a workable arrangement.

Following research and multiple conferences the matter was listed for several days of formal hearings on 10 & 11 February 2026 in Sydney. The key arguments centre around the union’s position that there should be a right to work from home (with a default bias towards allowing this to occur) versus the employer’s position that there should be enabling provisions and guidelines allowing agreement to be reached by employers and employees.

After two days of hearing a decision is pending from the Full Bench.

Victorian Government Working From Home Changes

The Victorian Government has announced it will introduce its working from home legislation in July to take affect from September 2026 for larger employers and July 2027 for workplaces with less than 15 employees. The Government will imbed the right into the Equal Opportunity Act.

National Employment Standards Review

The House of Representatives Standing Committee on Employment, Workplace Relations, Skills and Training has continued its inquiry into the operation of the National Employment Standards in the Fair Work Act. The Chair of the Committee has stated the review is crucial to determine whether the NES are still ‘fit for purpose’. Written submissions were due by 27 February 2026.

The review will not focus on matters which have been the subject of recent reviews such as flexible working arrangements, casual employment, parental leave or family and domestic violence leave.

NES Review – ACTU Paid Reproductive Health Leave Claim

In submissions to the Federal Parliamentary Inquiry into the National Employment Standards the ACTU and the Health Services Union have called for a dedicated 10 day (per year) entitlement to reproductive health leave to be written into the NES. This would be to manage any health issue linked to reproduction. This could include menstrual pain, perimenopause and menopause, miscarriage, PCOS, health conditions such as endometriosis and breast/prostrate cancer screening, as well as vasectomy/hysterectomy recovery, terminations, and IVF and fertility treatment. The leave could be used for medical or specialist appointments, treatment and coping with pain.

NES Review – ACTU Annual Leave Increase Claim

As part of the NES review the Australian Council of Trade Unions has launched a campaign to increase minimum annual leave entitlement from 4 to 5 weeks and 5 to 6 weeks for shift workers. The ACTU Secretary said Australia’s standard of 4 weeks introduced about 50 years ago no longer reflects how long or hard Australians work. The extra leave will decrease stress and burnout.

The ACTU claims the extra week or leave will only increase employment costs by 2% but this would be offset by lower turnover and reduced time lost to injury and stress.

Employment Contracts Restraint Clauses – Government Changes

Following a proliferation of restraint clauses in employment contracts at all levels of employment the Federal Government is looking to introduce limitations on their use from 2027.

Non-compete clauses and various post-employment restrictions would be prohibited for employees earning under the high income threshold (currently $183,100). There would also be new limits on no-poach and other anti-competitive arrangements.

Little is said about the impact on business who may lose key income earning clients who are free to be approached by staff who leave. The changes appear to be broader and offer less opportunities for business protection than originally thought.

The Treasurer has argued that loosening restraints will boost job mobility, lift wages and support productivity. The Government estimates wages will increase 2-4% on the assumption workers who are free to move will secure better pay when changing jobs.

The actual legislative changes are sketchy at this point.

Fair Work Commission - Part-time Award Clause Review

The Expert Panel, led by the Fair Commission President, continues to examine part-time employment conditions in 11 Modern Awards including the SCHADS Award, Clerks Private Sector Award and the Manufacturing and Associated Industries and Occupations Award. Any outcome is likely to flow into other Awards as a standard clause.

On 19 December the Expert Panel released a statement outline a range of issues and questions for consideration by the parties. A conference was conducted on 2 February 2026 and further submissions were received by the Commission ahead of that conference.

Superannuation Law Changes – 1 July 2026

From 1 July 2026 employers will be required to pay their employee’s superannuation contributions within 7 calendar days of paying their wages.

The changes also introduce tougher provisions for employers who fail to pay their employee’s superannuation or regularly pay it late.

NSW Digital Work Systems Laws & Union Access

The NSW Government has passed laws to attempt to control the risks of AI and algorithm driven work management. The laws require employers to ensure digital platforms used to allocate, monitor or pace work do not place employee health and safety at risk. This includes psychosocial risks such as stress or fatigue.

A digital work system is broadly defined as an algorithm, artificial intelligence, automation or online platform. Common tools would include automated rostering and performance tracking software.

As part of the legislated change unions have been granted a formal right to access and inspect digital work systems where a safety breach is suspected. It is possible this may extend to internal emails, payroll and HR files, health records and financial platforms. Unions must give 48 hours notice.

A challenge in complying with the new laws is in interpreting the now legal terms of ‘unreasonable workloads’ or ‘excessive monitoring’. These are undefined with no guidance being provided.

Apart from Ministerial Press releases praising the legislation there is a lack of explanatory information. If you are seeking a copy of the Act please click here.

Government Paid Parental Leave – 26 Weeks – 1 July 2026

From 1 July 2026 the Government funded paid parental leave scheme will increase to 26 weeks. The paid scheme increased to 24 weeks on 1 July 2025.

Wages Growth December Quarter

Recently released ABS data indicated wages in Australia grew by 0.8% in the December quarter taking annual wage growth to 3.4% fuelled by stronger public sector increases (4%) particularly in health and care industries.

On an annual basis, wages growth has picked up from 3.2% in December 2024 and 3.3% in September 2025 to 3.4% in the year to December 2025. Private sector wages were up 3.4%, a slight increase from an annual increase of 3.3% recorded in both September 2025 and December 2024.

Modern Awards List

Most employers will be aware of where to find the latest Modern Awards but just in case you’ve lost the link here it is.

A Useful NSW Government SafeWork Website

Links to Codes of Practice, Hazards, Resource Library, Video and Webinar Library, Podcasts, and Newsletters etc. Check it out here

Please contact Michael if you are seeking further information in relation to above or assistance with workplace specific issues.

Kind Regards

Michael Schmidt

M 0438 129 728

[email protected]

www.hunteremployeerelations.com.au