The employment law space is ever evolving. There have been a number of significant changes in last year with further changes foreshadowed in 2026. Due to this, Clubs have had to navigate new compliance obligations, with many carrying significant legal and financial consequences if overlooked.
In this article, we have broken down some key changes that are either already in effect, or will shortly take effect, to help keep your Club informed about its compliance obligations in 2026.
- Pay Day Super Rules
From 1 July 2026, Clubs will no longer be able to make quarterly superannuation contributions. Instead, new pay day super rules will require Clubs to pay superannuation at the same time as you are paying an employee their wages.
The Risk
Late or missed superannuation contributions will attract the super guarantee charge (unless a prescribed exceptional circumstance applies).
In addition, late or missed superannuation contributions may also constitute a breach of the Registered and Licensed Clubs Award 2020 (Award) and/or the Fair Work Act 2009 (Cth) (Act).
How to prepare and mitigate?
This is a significant change. Clubs must review their payroll systems and processes to ensure they are ready to make superannuation changes on a more frequent basis aligned with your pay cycle.
All members of the payroll team must be made aware of these changes.
- Setting-off Award Entitlements
A significant Federal Court decision handed down in September 2025 provided important clarification on the matter of annualised salary arrangements with contractual ‘set-off’ provisions and the obligations, with respect to such arrangements, which arise under the Act and Fair Work Regulations 2009 (Cth).
Contractual set-off clauses are a common feature of annualised salary arrangements, where the annual salary is structured to compensate the employee for specified monetary entitlements under an applicable Award.
The decision made clear that the Act requires employees to be paid the full amount for work performed within the relevant pay period applicable to the employment. Therefore, set-off clauses are only effective to offset Award payment obligations within a single pay period (ie: above-award payments which occurred in past or future pay periods cannot satisfy an underpayment for a present pay period).
The Risk
Unintended underpayments and potential penalties under the Act may arise by reason of reliance on an annualised salary arrangement (with contractual set-off) that does not adequately discharge minimum payment obligations under the relevant Award within a single pay period.
How to prepare and mitigate?
Whilst it is anticipated this decision will be appealed, in the meantime, Clubs need to review their employment contracts and payment practices to ensure they are compliant with these requirements. If you have any questions or need advice on these matters feel free to call SIAG on 1300 7424 47.
- Psychosocial Risks
On 1 December 2025, Victoria’s new psychosocial hazard regulations came into effect which outline what is required of Clubs to comply with their duty to ensure, as far as is reasonably practicable, the health and safety of their employees.
As part of that duty, Clubs are required to identify, control and eliminate psychosocial hazards as far as is practicable.
Common psychosocial hazards include:
- bullying
- sexual harassment
- gendered violence or discrimination
- occupational violence or aggression
- exposure to traumatic events
- high job demands
- low recognition and reward
- poor support
For more detailed information on the new regulations, see SIAG’s April 2026 edition of the Advisor, article titled ‘Victoria’s New Psychosocial Hazard Regulations’.
The Risks
A Club that fails to comply with their duty may face penalties and/or prosecution in line with work health and safety relevant legislation.
How to prepare and mitigate?
To avoid liability, and to ensure your employees’ health and wellbeing, Clubs should familiarise themselves with the new regulations and take proactive and ongoing steps towards identifying and eliminating psychosocial hazards as far as is practicable.
- Vicarious Liability for Sexual Harassment
Despite being introduced in December 2022, an often overlooked compliance obligation is a Club’s positive duty to take reasonable and proportionate measures to eliminate sexual harassment in the workplace.
The Risks
Where a Club fails to proactive take steps to fulfil this duty, you risk being found vicariously liable for the sexual harassment engaged in by your employee. This can be costly. In a 2022 case, the Victorian Civil and Administrative Tribunal ordered an employer to pay $150,000 after it found the employer vicariously liable for the sexual harassment of one of its employees.
How to prepare and mitigate?
Complying with the duty requires more than periodic sexual harassment training. What is considered a reasonable and proportionate measure will depend on the circumstances, but may include measures such as:
- establishing a robust policy and ensuring it is well communicated to employees and consistently followed by management;
- promoting easily accessible information about available supports; and
- instituting an easily accessible reporting and resolution options for workers experiencing or witness sing sexual harassment.
Need further assistance?
The above gives you a snapshot of some key matters to be aware of in terms of your obligations as an employer.
If you have any questions in relation to these manages, please feel free to contact SIAG.
SIAG is your specialist employment law and industrial relations service provider, with a longstanding partnership with CCV. You can contact us Monday to Friday during business hours on 1300 7424 47.
