Workplace Watch - Issue 3 - October 2026

As we outlined in the last two editions of Workplace Watch, employers continue to navigate a rapidly evolving workplace landscape shaped by technological innovation, increasing regulatory scrutiny and changing expectations regarding workplace culture and governance. Organisations and employers are being challenged to make sure they are complying with existing obligations and new duties, but to also anticipate and prepare for new and evolving risks.

This edition highlights three themes that are increasingly shaping the workplace relations and safety agenda:

1. Technology is reshaping workplace risk, with artificial intelligence (AI) and digital work systems changing not only how work is performed, but also how workplace complaints, employment claims and investigations are conducted. While these technologies offer significant opportunities, they also present new challenges for employers in managing risk, ensuring accuracy and maintaining effective oversight. As AI becomes more accessible, organisations are increasingly encountering AI-generated complaints, claims and workplace documents, requiring careful consideration of how these matters are assessed, investigated and resolved.
2. Regulators are increasingly focused on governance and accountability, particularly in relation to psychosocial hazards, regulatory enforcement, mobile plant and machinery, exposure to hazardous substances and digital work systems. Employers are expected to demonstrate not only that appropriate and compliant systems are in place, but also that those systems are operating effectively, keeping workers safe and creating healthy psychosocial working environments.
3. Workplace obligations and employee protections continue to expand, with developments in privacy, discrimination and employment status laws reinforcing the need for employers to regularly review workplace practices, systems and decision-making processes to ensure they remain fit for purpose. These developments reflect a broader trend towards greater scrutiny of workplace conduct and a willingness by courts, tribunals and regulators to look beyond labels and focus on the practical reality of workplace relationships and experiences.

Consistent with these themes, this edition explores the increasing use of AI in employment claims and workplace complaints, emerging work health and safety issues associated with digital work systems, significant health and safety developments, proposed reforms to anti-discrimination laws, the growing role of privacy rights in employment disputes, developments affecting casual employment, and the challenges associated with managing complaints that arise in the context of performance management processes.

As always, our aim is to provide practical insights into the legal developments shaping Australian workplaces and to assist you in identifying and responding to emerging risks and opportunities. We hope you find this edition informative and valuable.