New Workplace Gender Equality Targets — Legal Obligations for Employers

From 2026, employers with 500 or more staff must select three legislated gender equality targets over a three-year cycle — including at least one numeric target — under the Workplace Gender Equality Act 2012 (Cth). Targets cover areas such as gender representation in leadership, pay gaps, and parental leave.

Legal and compliance implications include:

• Failure to meet or demonstrate progress against targets risks public naming and loss of eligibility for Commonwealth procurement.
• Employers must maintain evidence and reporting systems to show measurable compliance.
• Non-compliance carries reputational, operational, and statutory risk under the Act.

If your organisation falls within the new WGEA obligations and you want to meet the requirements related to prevention of sexual harassment, we have a new WGEA compliance package that includes in-person, online, or hybrid training options. Contact us to find out more.

Court Warns on Firing for “Personality Fit”

A Federal Court ruling has examined the termination of a probationary employee solely on the basis of “personality fit”. The employee was dismissed without warning or performance review, with the employer citing a personality mismatch. The employee’s General Protections claim ultimately failed as he could not demonstrate that a workplace right had been breached.

However, the case reinforced important reminders for employers:

• Probation is not a legal shield — vague reasons without documentation can invite claims.
• Termination decisions should be specific, evidence-based, and defensible.
• Structured reviews, performance feedback, and clear rationale protect both employee rights and the organisation.

Federal Court Awards Penalties and Compensation for Pregnancy Discrimination

The Federal Court has awarded compensation and imposed penalties after finding that a Melbourne employer discriminated against a worker because of her pregnancy, breastfeeding status, and caring responsibilities. The employee was employed as a waiter at the Consulate of the United Arab Emirates when she became pregnant in 2020. After the birth of her child, she alleged her employer refused unpaid parental leave and flexible work arrangements, and failed to provide appropriate facilities to support breastfeeding — requiring her to breastfeed in a storeroom when she returned to work.

The Court found the employer breached the Fair Work Act 2009 (Cth) by treating the employee unfavourably because of her pregnancy, breastfeeding status, family responsibilities, and because she exercised workplace rights. The Court also accepted that the treatment caused psychological harm, including humiliation and stress. As a result, the employee was awarded compensation for economic and non-economic loss, legal costs, and significant pecuniary penalties against the employer.

FWC Overturns Reinstatement After Racist Slurs Went Uninvestigated

At Cowra Meat in regional NSW, a production worker employee was dismissed for conduct issues in 2025. The Commission initially found the dismissal harsh, unjust, or unreasonable. Cowra Meat contested only the reinstatement order.

Evidence revealed that a Supervisor, had witnessed the employee directing extreme racial slurs at Pacific Islander colleagues. The supervisor told the employee the behaviour was unacceptable, but no formal investigation, warning, or record followed. Commissioner Walkaden misread the supervisor’s statement as hearsay, but the Full Bench corrected this, noting that even a proper reading could have affected the reinstatement outcome.

The Fair Work Commission Full Bench highlighted that:

• Clear, documented witness records are essential.
• Failure to act properly in the process and procedure can weaken an employer’s position in legal proceedings.

AIHS Urges Stronger Action on Workplace Sexual Harassment

The Australian Institute of Health & Safety (AIHS) has called on employers to treat sexual harassment as a preventable work health and safety hazard, not simply an HR issue. Its position statement highlights the Positive Duty under the Sex Discrimination Act 1984 (Cth) and existing work health and safety obligations, noting that implementation across workplaces remains inconsistent.

AIHS Chair Celia Antonovsky stressed that systematic prevention — including risk assessment, leadership accountability, workplace culture, and integration into WHS systems — is essential. With 318,000 women reporting work-related sexual violence and low rates of formal reporting, sexual harassment must be managed with the same rigour as other workplace hazards.

QIRC Clarifies Vicarious Liability and Prevention Measures for Workplace Sexual Harassment

The Queensland Industrial Relations Commission has clarified the limits of employer vicarious liability and the measures required to prevent sexual harassment. A female employee was harassed by a colleague both at work and at a voluntary social event outside work hours. The Commission found the employer was not liable for the off-duty incident, as it lacked a sufficient connection to work, but was liable for harassment occurring on-site because preventive measures were inadequate.

Critically, the Commission found that relying on online training delivered once every two years was insufficient — particularly for employees identified as higher risk, and where the training did not allow meaningful engagement while performing other duties.

This case is a timely reminder that the frequency, quality, and targeting of sexual harassment training all matter when it comes to vicarious liability. If your organisation trains employees on sexual harassment once every couple of years, that may not be enough.

Workplaces Must Strengthen Psychosocial Controls Amid Rising Legal Risk

New psychosocial frameworks in Victoria (Occupational Health and Safety (Psychological Health) Regulations 2025) and Queensland (Risk of Psychosocial Hazards Code of Practice 2022) now treat psychological harm as a legally enforceable workplace hazard.

Employers can no longer rely solely on HR policies, codes of conduct, or reactive measures like EAPs and de-escalation training. Instead, they must proactively manage risks through work design, management practices, and the organisational environment — while genuinely consulting employees and maintaining clear documentation of risk assessments and control measures. Failure to comply exposes employers to audits, inspections, prosecutions, and liability under both OHS and workers’ compensation laws, with courts and regulators increasingly expecting higher-order, preventative controls rather than reactive policies.

EEO Specialists offers in-person and online Psychological Health training to help your organisation meet its obligations.

NSW Adopts New Code of Practice Highlighting Psychosocial Risk in Healthcare and Social Assistance

NSW has formally adopted the Healthcare and Social Assistance Industry Code of Practice under section 274 of the Work Health and Safety Act 2011 (NSW), effective 20 February 2026. The Code sets clear expectations for managing both physical and psychosocial risks in healthcare, aged care, disability support, and social assistance settings.

Psychosocial hazards — including work-related stress, fatigue, aggression, harassment, and violence — must now be systematically identified, assessed, and controlled as part of a robust risk management process. Compliance with the Code is recognised as evidence of meeting statutory WHS obligations, and courts or regulators may rely on it when evaluating what is reasonably practicable. Organisations adopting alternative approaches must demonstrate that these provide an equivalent or higher standard of health and safety, with genuine consultation and ongoing review central to meeting regulatory expectations.

Report Highlights Growing Emotional Strain Among Employees

New data from Resume Now has revealed the extent of emotional strain in modern workplaces. Key findings include:

• 39% of employees have cried at work, with a further 21% saying they had come close to doing so.
• 52% of employees reported worrying about losing their job, even when there was no clear reason to believe their employment was at risk.
• 55% said they vent or complain about work at least occasionally, with 34% doing so frequently — daily or several times a week.
• 41% admitted to updating their CV during work hours, and 39% said they had undertaken job-search activities at work.

The report attributes this emotional strain to heavy workloads, long hours, and job insecurity. Experts warn that ongoing emotional strain leads to disengagement and reduced productivity, with employees quietly withdrawing effort rather than openly raising concerns.

Understanding the neuroscience behind stress and burnout can help leaders and employees respond more effectively. Learn more about our Brain Chemistry of Burnout workshop.