From payroll to on-site practice, 2025 has been a year of constant movement for the building and construction sector. Few areas have escaped change, with a variety of developments substantially impacting on the way our industry operates.
To close out the year, our Workplace Relations and Advisory Team would like to take a moment and reflect on these developments. We will unpack the common issues seen across the industry, highlight key legislative and regulatory changes introduced throughout 2025, and look ahead to what’s being proposed for 2026.
IR / Workplace Relations
Key developments 2025
In Jolley v Construction Occupations Registrar (No 2) [2025] ACTSC 347, the Supreme Court confirmed that a nominee supervisor can be held personally liable for building defects through a rectification order, even if the builder company is deregistered and the nominee’s licence has since been suspended. This includes a nominee’s personal liability to undertake or fund rectification works and must strictly comply with any conditions or directions issued by the Registrar or Tribunal regarding how, where, and by whom the works are to be carried out.
The Federal Court of Australia delivered judgment in a case against Coles and Woolworths, determining that contractual set-off clauses may only be utilised within each pay period. It was also determined that employers must maintain accessible records of Award entitlements, even where employees are paid annualised salaries.
Common trends across the industry
One of the most frequently raised issues in 2025 was how employers should respond when employees fail to meet expected performance standards by engaging in behaviour that negatively impacts the business or their colleagues. When performance concerns arise, it is essential for employers to promptly document the issues, clearly outline the required improvements, and provide the employee with reasonable time, guidance, and resources to address them. Employers cannot rely on performance standards that have not been actively communicated, monitored, and followed through under a proper performance management process. Implementing a fair, transparent, and consistent performance management approach, which aligns with applicable Awards, enterprise agreements, and the Fair Work Act 2009, significantly reduces the risk of unfair dismissal claims and procedural disputes.
The Building and Construction General On-Site Award contains an industry specific definition of redundancy – being any situation where an employee ceases to be employed other than for reasons of misconduct or refusal of duty. In other words, if an employee resigns, that employee will cease to be employed and entitled to a redundancy payment as set out in the Award.
What’s new for 2026
From 1 July 2026, employers will be required to pay employees’ superannuation contributions as the same time as their salary, ensuring that the contributions arrive in the employee’s superannuation fund within 7 business days from date of wage payment.
The Federal Government has announced its intention to ban non-compete clauses for employees earning less than the high-income threshold ($183,100.00 annually). While still in the consultation process we expect the legislation to be passed in 2026, with an effective date in 2027.
WHS
Key developments 2025
Strengthened Incident Notification Requirements
Incident notification thresholds were updated on 19 November 2025 to align with national standards and adopted in the ACT. Under the revised WHS Act, duties now cover multi-PCBU sites, serious fractures or crush injuries, dangerous incidents (falls, plant malfunctions, electrical hazards), violent incidents, work-related suicide or attempts, and absences over 15 days. SWA has issued a handbook to guide compliance.
New Culture Standard for the Construction Industry
The ACT Government is introducing a Construction Industry Culture Standard into all government-funded projects to improve work-life balance, mental health, and diversity. Focused on shorter work weeks, wellbeing support, and inclusive practices, the standard aims to reduce stress, attract workers, and create a more sustainable industry.
ACT Work Safety Council approves the development of a Scaffold Code of Practice
MBA’s advocacy has resulted in the ACT Work Safety Council approving the development of a Scaffold Code of Practice to address ongoing safety concerns. The Code will provide clear guidance on scaffold design, erection, inspection, and maintenance, aligning with national standards while tackling ACT-specific issues. Its goal is to reduce incidents, improve compliance, and foster accountability across the construction sector.
What’s new for 2026
Scaffold Code of Practice Working Group
To support the development of the new Scaffold Code of Practice, a dedicated Working Group will be established. This group will include representation from key industry stakeholders, scaffolding specialists, and safety experts. Drafting and industry consultation to occur throughout 2026.
Cultural and Wellbeing Initiatives
The ACT Government is continuing its rollout of the Construction Industry Culture Standard through the procurement process for major infrastructure projects.
MBA Safety Fair 2026
Following the success of the MBA’s inaugural Safety Fair the event has been booked for 20 October 2026. The event will showcase the safety initiatives of members and bring together industry experts, suppliers and new technology to improve safety in the ACT construction industry.
Heavy Vehicle National Law Amendment Bill 2025
The Chain of Responsibility (CoR) under the Heavy Vehicle National Law (HVNL) has a significant impact on the Australian construction industry because it shifts legal accountability beyond drivers to every party in the transport supply chain. This will affect construction businesses, builders, and contractors with the introduction of broader legal duties and ‘due diligence’ responsibilities.
Building Advisory
2025 marks a major reset for Canberra’s construction landscape, with three changes that will shape project risk, compliance and design for the years ahead.
Property Developer Licensing
The ACT’s new developer licensing scheme is now live, with mandatory licensing from 1 October 2026. Builders and developers should start confirming that project developers will meet the new licensing requirements during the transition period.
Professional Engineers Registration
From 6 March 2025, all civil, structural, mechanical, electrical and fire safety engineers must be registered to practice in the ACT. This brings tighter oversight of design and certification.
NCC 2025 paused for housing
NCC 2025 will be published in February 2026, with a national view of not implementing until 2029. States and Territories are able to decide independently if they will bring it in earlier. NCC 2022 remains the operative code, with planned changes for energy, EV charging and embodied carbon put on hold—providing a rare period of stability.
Key Standards on the move
Several technical standards have been refreshed, including AS 1684 (timber framing), AS 4055:2024 (wind loads), AS 1926.1:2024 (pool barriers) and AS/NZS 4859.1:2024 (insulation). These updates hint at where future NCC revisions are heading and are being monitored regularly.
Missing Middle
We are monitoring all Missing Middle updates and anticipate further clarification early next year. Public consultation has now closed, and current timelines indicate that in 2026 the final Missing Middle Design Guide will be released, followed by updates to the Territory Plan to reflect the approved reforms.
