Commencement of Workplace Protections Act Amendments - 13 October 2025

A number of amendments to the Industrial Relations Act 1996 (NSW) (IR Act) and Work Health and Safety Act 2011 (NSW) (WHS Act) made by Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 (NSW) will come into effect on Monday, 13 October 2025.

To assist parties, the website has been updated to provide information about various aspects of the new jurisdiction, with links to new and amended Practice Notes, Rules and Forms which will also take effect on Monday, 13 October.

Changes to the IR Act effective 13 October 2025

• The IR Act will contain an additional object to eliminate discrimination, bullying, workplace sexual harassment and gender-based undervaluation of work. 
• The Industrial Relations Commission of New South Wales (Commission) will have the power to conciliate and arbitrate stop bullying and sexual harassment disputes in the workplace.
• A person who is affected by the contravention of a civil penalty provision, other than sections 136A or 357 of the IR Act, will be able to make an application for a civil penalty order.

Changes to the WHS Act effective 13 October 2025

• The Commission will have the power to deal with disputes about work health and safety (WHS) matters, such as the right to cease unsafe work.
• A prosecutor may bring a proceeding for an offence under the WHS Act outside of the limitation period, with the leave of the Court.
• A WHS entry permit holder will have expanded powers to take measurements, conduct tests, photos, or videos directly relevant to a suspected contravention, as well as to exercise certain rights if they reasonably suspect another contravention of the WHS Act at that workplace.
• Unions representing affected workers will have standing to apply for the review of certain decisions under the WHS Act. 
• Persons issued with a provisional improvement notice under the WHS Act have a new obligation to give a copy of that notice to the relevant regulator.
• A person who obtains confidential information under the WHS Act will be able to disclose it to an officer or employee of a union or employer organisation or a health and safety representative.

New or Amended Practice Notes

Practice Notes for Stop Bullying Applications and Sexual Harassment Applications have been made and will come into effect on 13 October.

The Industrial Court Criminal Practice Note will be reissued on 13 October 2025 to include a section about leave applications to commence proceedings for WHS offences outside the limitation period.

Practice Note 14B “Usual Directions for Applications for Recovery of Money and Civil penalties and Applications under section 106 of the Industrial Relations Act 1996 (NSW)” has been amended, replacing former Practice Note No 14A. 

The Practice notes can be accessed on the Commission’s website. Click here

Forms

The application forms can be downloaded from the Commission’s Forms page. They are not currently available through the NSW Online Registry.  

The new forms are:

• Application for Stop Bullying Order
• Application for Sexual Harassment Order
• Response to Application for Stop Bullying Order
• Response to Application for Sexual Harassment Order
• Notification of WHS Dispute
• Application for Leave to Commence Proceedings for a Summary Offence outside the Limitation Period

Until online filing becomes available in the first quarter of 2026, the completed application forms must be filed by email at IRC.Registry@courts.nsw.gov.au or in-person at the Commission’s Registry:

• Level 1, 47 Bridge Street, Sydney NSW 2000; and

• Level 5, 10-14 Smith Street, Parramatta NSW 2150

Seminar on New Jurisdiction

The Commission will run a series of seminars on the Commission’s new jurisdictions.  The first seminar, on the new bullying and sexual harassment jurisdictions, will be held on Monday, 10 November 2025 from 5:00 – 6:00pm in Courtroom 4.1 at 47 Bridge Street, Sydney.