March 26, 2026 
From gender equity targets to digital safety duties, 2026 is shaping up to be a landmark year for workplace reform in Australia. While these updates reflect shifts in technology and employee wellbeing, they also carry important compliance implications for every employer. Here’s what’s changed, why it matters, and what your organisation should be doing now.
WGEA Gender Equality Targets Become Mandatory from April 2026
What’s new:
Under new requirements in the Workplace Gender Equality Act (WGEA), employers with 500 or more employees must formally select three gender equality targets and demonstrate improvement against each target at the end of the 3-year target cycle. These targets will be published publicly via WGEA’s Data Explorer, increasing transparency and accountability. These obligations apply to global employers who employ 500 or more employees in Australia, regardless of their head office country.
What it was before:
Prior to 2026, employers were required to report gender data, but setting and achieving targets was not mandatory.
Why it matters:
This shift moves organisations from reporting to active responsibility, embedding gender equality into workforce strategy and leadership accountability. Public visibility of targets will shape reputation, talent attraction, and compliance risk.
What employers should do:
- WGEA recommends employers to undertake a comprehensive gender pay gap analysis before selecting their targets.
- Review baseline gender data and identify inequality hotspots.
- Select three targets that are meaningful and achievable.
- Engage leadership teams to ensure commitment and implementation.
Possible Increase to Annual Leave Under NES Review
What’s being proposed:
Australia’s National Employment Standards (NES) are undergoing a major review, which was initiated following commitments made at the 2022 Jobs and Skills Summit in order to assess whether the NES remains fit for purpose. In addition, annual leave entitlements are among the areas under examination. The Australian Council of Trade Unions (ACTU) has submitted a proposal to increase annual leave from 4 to 5 weeks for most workers, and from 5 to 6 weeks for regular shift workers. The inquiry is ongoing and no legislative changes have been made.
What it is currently:
Full-time employees are entitled to 4 weeks of annual leave (5 weeks for shift workers).
Why it matters:
If adopted, this reform would represent the first major shift in annual leave entitlements since the 1970s, strengthening employee wellbeing and aligning Australia more closely with European standards.
What employers should do:
- Model financial impacts of increased leave balances.
- Review workforce coverage strategies.
- Update payroll and HR systems ahead of final recommendations.
- Follow the parliamentary inquiry closely throughout 2026.
NSW Introduces New WHS Duties for AI & Digital Work Systems
What’s new:
NSW has become the first state in Australia to legislate safety obligations for risks arising from artificial intelligence (AI) and digital work systems. The Work Health and Safety Amendment (Digital Work Systems) Bill 2026 was passed in February 2026, introducing a new Digital Work System Duty that will require employers to ensure workers are not put at risk by algorithms, AI, automation, or online platforms used to allocate work.
Importantly, the primary duty and further WHS duty have not yet commenced – they will come into effect only once proclaimed. The Bill also expands the powers of WHS entry permit holders (union officials) to inspect digital systems when investigating WHS breaches. The guidelines for these inspections are yet to be drafted.
What it was before:
WHS obligations existed broadly, but AI-driven systems were not explicitly regulated, despite their growing role in scheduling, workload allocation, and surveillance.
Why it matters:
These reforms respond to the rise of algorithmic management, particularly in gig and platform work. They aim to protect workers from excessive workloads, unsafe digital directives, and unreasonable surveillance. Regulatory scrutiny of digital systems is expected to increase significantly once commencement is proclaimed.
What employers should do:
- Audit existing digital systems (rostering, productivity tracking, AI-driven decision tools).
- Conduct safety risk assessments, including psychosocial risks.
- Monitor SafeWork NSW for proclamation dates and finalisation of guidelines.
- Update WHS documentation to reflect digital system duties once the laws commence.
Final Thoughts
These 2026 workplace developments highlight the rapidly evolving landscape of employment in Australia – spanning gender equality, wellbeing, and digital safety. For employers, staying ahead is not just about compliance. It reflects a commitment to fairness, safety, and transparency for all workers.
To stay across other changes this financial year, including payroll and award updates, follow the latest announcements from Fair Work, SafeWork NSW, and the Australian Government.
Disclaimer: The content of this publication is for reference purposes only and is current at the date of publication. It does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.
