Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025

TheIndustrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 (Amendment Act) amends both the Industrial Relations Act 1996 (IR Act) and the Work Health and Safety Act 2011 (WHS Act).

These reforms aim to strengthen and modernise workplace protections in NSW by introducing new provisions addressing bullying, sexual harassment, and dispute resolution, while also strengthening the powers of unions and the role of the Industrial Relations Commission (IRC). They are designed to drive collaboration between employers, unions, and the regulator to prevent workplace injuries and deaths.

Changes to the WHS Act

Key amendments to the WHS Act include:

  • Limitation periods: proceedings for an offence against the Act may be brought outside the usual limitation period with leave of the court. The court may grant leave only if it is satisfied that doing so is in the interests of justice.
  • Prosecutions: Registered organisations as defined under the Amendment Act may initiate prosecutions where members are affected, but only after consulting with the relevant regulator, which must have declined to bring the proceedings. The regulator must also notify registered organisations when it brings proceedings for a matter that the registered organisation has raised with the regulator. A court may order that a registered organisation is paid a portion of any fine imposed where proceedings have been brought by the registered organisation.
  • Duty to comply with codes of practice: Persons conducting a business or undertaking (PCBUs) must comply with approved codes of practice, or manage hazards and risks to a standard that is equivalent to or higher than the standard required under the code.
  • Provisional improvement notices: PCBUs must provide the regulator with a copy of any provisional improvement notice issued by a health and safety representative as soon as practicable after it has been issued.
  • Civil penalty proceedings: Registered organisations can bring proceedings for a contravention of civil penalty provisions under the WHS Act on behalf of affected persons.
  • Right of entry: entry permit holders may take measurements, conduct tests, or take photos and videos that are directly relevant to a suspected contravention of the Act. Entry permit holders can also inquire into another suspected contravention of the Act identified while at the worksite.
  • Reviewable decisions: Registered organisations representing affected workers can now seek reviews of certain decisions made under the WHS Act.
  • WHS Disputes: the Industrial Relations Commission now has jurisdiction to hear and determine WHS disputes.
  • Confidentiality of information: confidential information obtained in the exercise of functions under the WHS Act may be shared with registered organisations, employer organisations, or health and safety representatives, provided that the matter was raised with the regulator by such persons and the disclosure, access or use does not prejudice ongoing investigations, prosecutions or compliance powers.
  • Information sharing arrangements: the regulator may enter into information sharing arrangements with relevant agencies.
  • Psychosocial reporting: SafeWork NSW has new six-monthly reporting requirements relating to psychosocial matters.

Commencement

As of 13 October 2025, most provisions of the Amendment Act have commenced. The remaining provisions are due to commence in 2026.

Commencing 1 March 2026:

  • Provisions relating to registered organisation prosecutions and civil penalty proceedings.
  • Psychosocial reporting requirements for SafeWork NSW.

Commencing 1 July 2026:

  • New duty to comply with codes of practice.

Additional resources

For more information, you can read the IRC’s summary of changes introduced by the Amendment Act. See also the new and amended practice notes and IRC forms:

Back to top