08 Apr HR LAW NEWSLETTER – MARCH 2026
In the March 2026 HR Law Newsletter, we discuss key updates including Fair Work Ombudsman and Australian Taxation Office inspections on Gold Coast hospitality businesses, increases to minimum wages and classification changes for health services employees, Queensland Industrial Relations Legislation reviews, new superannuation onboarding legislation and amendments to the Fair Work Act 2009 (Cth) (“FW Act”) to address fuel concerns in the transport industry.
We also discuss a recent Fair Work Commission decision that has confirmed where an enterprise agreement incorporates a modern award and is silent on a particular entitlement, the modern award will apply unless there is a clear inconsistency.
1.
Fair Work Ombudsman (“FWO”) and Australian Taxation Office (“ATO”) recent inspections on Gold Coast hospitality businesses
The FWO and ATO conducted inspections on Gold Coast hospitality businesses as part of a coordinated compliance operation targeting wages, superannuation, tax and record-keeping practices. The inspections highlighted ongoing compliance risks in the sector, with regulators signalling increased scrutiny and enforcement action where systemic or deliberate breaches were identified. Following these inspections, we remind employers of record‑keeping obligations and the need for correct and timely payment of wages and superannuation. Read more here: https://www.linkedin.com/feed/update/urn:li:activity:7445317098622537728.
2.
Minimum wage increases and classification changes for health services employees
From 1 April 2026, the Health Professionals and Support Services Award 2020 introduces minimum wage increases and classification changes for certain health services employees as part of the Fair Work Commission’s gender-based undervaluation review. See further information below on the changes.
3.
Upcoming review of Queensland Industrial Relations Legislation
Despite a statutory review in 2023, the Industrial Relations Act 2016 (Qld) and Workers’ Compensation and Rehabilitation Act 2003 (Qld), will undergo further review due emerging trends including a significant rise in psychological injury claims and increased concerns about fraud. Since 2020, primary psychological claims have risen by 97.4% and secondary psychological claims by 62.3%.
Scope of review:
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Industrial Relations Act 2016 (Qld):
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whether the Act adequately supports worker productivity and freedom of association;
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requirements to ensure unions and their officials operate lawfully and in a manner that supports harmonious industrial relations;
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whether the Act appropriately protects workers’ conditions and provides for competitive remuneration;
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the operation of good faith bargaining, including the interaction between the State Wage Case, public sector wages policy and the Act’s collective bargaining provisions, noting the Act’s jurisdiction is largely confined to the Queensland state and local government sectors;
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support for the implementation of the Queensland Productivity Commission’s construction sector productivity inquiry and the CFMEU Commission of Inquiry; and
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any other relevant matters.
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Worker’s Compensation and Rehabilitation Act 2003 (Qld):
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pressures on the workers’ compensation scheme, including the increase in psychological injury claims;
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the effectiveness of existing fraud and related offences, and the management of fraudulent claims;
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whether the self-insurance scheme remains fit for purpose; and
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measures to ensure Queensland’s workers’ compensation scheme is fair, sustainable and appropriately protected.
4.
New Superannuation Onboarding Legislation:
The Treasury Laws Amendment (Supporting Choice in Superannuation and Other Measures) Act 2025 (Cth) passed on 23 March 2026 and introduces changes to employee onboarding and choice of superannuation fund by amending both the Superannuation Guarantee (Administration) Act 1992 (Cth) and the Corporations Act 2001 (Cth)
Amendments to the Superannuation Guarantee (Administration) Act 1992 (Cth)
The amendments allow employers to request an employee’s existing superannuation fund (also known as their stapled fund) from the ATO earlier in the onboarding process. Employers may also provide details of the employee’s stapled fund when informing them of their choice of fund. These changes commenced on 27 March 2026.
Amendments to the Corporations Act 2001 (Cth)
From 1 July 2026, the advertisement of certain superannuation products to new employees during onboarding will be prohibited. These changes follow reported practices where onboarding platforms either received payment to promote superannuation funds or were corporately linked to the promoted funds through subsidiary ownership. Limited advertising of certain MySuper products is permitted where the product has passed the most recent APRA performance test, the advertising is not undertaken by a connected entity, and employees have first been informed of any stapled fund. Employers may also continue to provide information about an employee’s stapled fund or the employer’s default fund. In addition, content distributors are exempt where they act in the ordinary course of business and were not aware the material breached the prohibition. Parties seeking to rely on an exception will bear the evidential burden of demonstrating compliance.
5.
Fuel Bill passed to address fuel price crisis
Following the passing of the Fair Work Amendment (Fairer Fuel) Bill 2026 on 30 March 2026, amendments to the FW Act establish an emergency pathway for the Fair Work Commission (“FWC”) to more quickly address fuel cost pressures across road transport supply chains.
The amendments allow the Minister of Industrial Relations (“Minister”) to determine an application for a road transport contractual chain order as an emergency application where there is, or is likely to be, a significant national impact on the industry and it is in the public interest to act urgently. In making such a determination, the Minister must have regard to the road transport objective under the FW Act, which requires a balance between the interests of businesses and drivers, with a focus on the sustainability of the sector.
A road transport contractual chain order application sets standards for regulated contractors, employee‑like workers, and other persons in the road transport contractual chain. This means orders can be made to ensure that road transport businesses are renumerated appropriately for variables they cannot control (e.g., increase fuel prices).
Once an emergency determination is made, the FWC may make a road transport contractual chain order without the usual six‑month minimum timeframe, whilst still adhering with its obligation to consult with affected parties. Any order made under the emergency pathway is temporary and will operate for no more than six months, after which the ordinary statutory timeframes will again apply to any continuing application.
6.
Changes to junior rates for employees aged 18 and over in certain modern awards
The FWC has determined that junior rates will no longer apply to employees aged 18 to 21 (“adult juniors”) who have more than six months’ service with their current employer and are covered by the following awards:
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General Retail Industry Award 2020;
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Fast Food Industry Award 2020, and
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Pharmacy Industry Award 2020.
This decision was made in light of work value considerations and to ensure compliance with modern award and minimum wage objectives. It was determined that adult juniors should generally be paid 100% of the adult minimum wage. However, to balance fairness and employment impacts, the existing lower percentages were retained for adult juniors with less than six months’ service with their current employer.
The FWC has not yet determined the timing or transitional arrangements arising from its decision and has invited further submissions on these matters.
For employees under 18, it was accepted that age‑based sub‑minimum rates remain justified. It relied on factors such as legal and practical constraints on minors’ work, reduced work value due to limited maturity and experience, and their vulnerability in the labour market. It was concluded that retaining the existing junior percentages best met the modern awards and minimum wages objectives.
We will keep you updated on the FWC’s decision regarding timing and transitional arrangements.
To read a summary of the decision click the link below:
A recent decision of the FWC has clarified that where an enterprise agreement incorporates a modern award and is silent as to an award entitlement, the award will apply unless there is an inconsistency
FACTS
The Maritime Union of Australia (“MUA”) brought a dispute against Hutchinson Ports Australia (“the Company”) before the FWC regarding public holiday pay for shiftworkers rostered off on public holidays.
Pursuant to clause 14 – Issue Resolution in the Hutchison Ports Australia (HPA) and Maritime Union of Australia (MUA) Enterprise Agreement 2021 (“the Enterprise Agreement”), the MUA referred the matter to the Fair Work Commission.
The MUA claimed that the Enterprise Agreement incorporated Clause 30.3 of the Stevedoring Industry Award 2020 (“the Award”), which provides that a shiftworker rostered off on a public holiday will be paid at the ordinary rate of pay for the public holiday in addition to their ordinary weekly wage.
The Company argued that the Enterprise Agreement, while detailed about public holidays, did not expressly grant this entitlement, so no extra payment was owed. The Company provided that Clause 29 – Public Holidays of the Enterprise Agreement expressly covered employees’ entitlements with respect to public holidays, which excluded the benefit stipulated in Clause 30.3 of the Award.
LAW
The Company operates under an Enterprise Agreement that incorporates the Award and contains an explicit clause stating that the Award’s terms are incorporated, except where there is direct inconsistency with an express provision of the Enterprise Agreement, in which case the Enterprise Agreement prevails. This means that, by default, the terms and entitlements set out in the Award form part of the Enterprise Agreement and apply to employees unless the Enterprise Agreement specifically overrides them. The principle is that the Award operates as a safety net, ensuring minimum conditions are preserved unless the Enterprise Agreement clearly and expressly provides for a different arrangement.
The Award compensates shiftworkers who are less likely to work Monday to Friday, when most public holidays occur, to ensure they are not disadvantaged. This entitlement is designed to address the potential inequity for shiftworkers rostered off on public holidays, by providing additional payment so they are not worse off compared to other workers.
The FWC was required to determine whether the Award’s entitlement to additional pay applied, or whether the Enterprise Agreement’s silence on the issue meant it was excluded. It has been held that where an Enterprise Agreement incorporates an Award by reference, the Award’s provisions have full effect unless there is a direct and clear inconsistency. Silence or omission in the Enterprise Agreement does not, by itself, create an inconsistency, rather the Enterprise Agreement must expressly address and override the Award term for the Award entitlement to be excluded.
OUTCOME
An initial ruling by Deputy President Easton sided with the Company, reasoning that the absence of an express provision for additional pay indicated no entitlement.
However, on appeal the Full Bench overturned this decision, finding that as the Enterprise Agreement did not expressly remove the Award entitlement to additional pay for shiftworkers rostered off on public holidays, the Award’s provision continued to apply.
The Full Bench concluded that shiftworkers rostered off on public holidays are entitled to additional payment in accordance with the Award, upholding the principle established in Public Holiday Test Case Decision [1995] AIRC 443 (20 March 1995) L9178 that “fairness requires that the worker be not disadvantaged” in these circumstances.
KEY TAKEAWAYS FOR EMPLOYERS
This decision provides that where an enterprise agreement is silent on a benefit found in an incorporated modern award, that benefit may still apply unless there is a clear inconsistency.
This decision reiterates the importance of precise drafting and regular review of enterprise agreements to ensure that intended exclusions or modifications to award benefits are clearly expressed. Silence on an award entitlement may not be sufficient to displace its operation.
In light of this decision, we suggest employers:
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carefully review how modern awards are incorporated into enterprise agreements, especially regarding public holiday entitlements for shiftworkers;
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ensure that any departure from award provisions is legally permissible and clearly and expressly set out in the agreement; and
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seek advice before bargaining or varying enterprise agreements if you have concerns regarding the incorporation of modern awards in Enterprise Agreements
To read the full case, see the link below:
If you require advice on the applicability of modern award provisions incorporated in an Enterprise Agreement or public holidays, please contact info@hrlaw.com.au or one of our experienced solicitors.
Around 36.2% of the Australian workforce work from home at least one day a week. This highlights how working arrangements introduced during COVID‑19 have continued to shape the way Australian workforce
Minimum wage increases and classification changes for health services employees
From 1 April 2026, significant changes take effect for parts of the health sector, with minimum wage increases and adjustments to the classification structure under the Health Professionals and Support Services Award 2020 (“Award” (To access the updated version of the Award, click here).
These changes are part of the FWC’s Gender-based undervaluation – priority awards review, a broader reform process aimed at addressing historical undervaluation in female-dominated industries.
Who is affected?
The updated Award has particular relevance for employers engaging:
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Dental assistants
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Pathology collectors
For these roles, the changes go beyond a simple wage uplift and may also affect classification placement, which in turn can impact pay rates, progression and employment costs more broadly.
Why this matters for employers
The amendments reflect the outcomes of the FWC’s decision in [2025] FWCFB 297, and are now fully operative.
Employers covered by the Award should be taking steps now to:
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review current classifications against the updated structure
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confirm that wage rates applied from 1 April 2026 meet the new minimums
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assess any downstream impacts on payroll, budgeting and compliance
The updated Award is now in force, and reliance on outdated classifications or rates may expose businesses to underpayment risk.
If you employ staff in the health industry and are unsure how these changes apply to your workforce, this is a timely opportunity to revisit your award coverage and pay practices.
If you require advice on how these reforms may affect your business, contact HR Law via info@hrlaw.com.au.
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