February 2025 update from the Commission

In February, the Commission hosted its free online event with representatives from the Fair Work Ombudsman, "Navigating Casual Employment". Attendees left with a better understanding of how to manage casual staff effectively and ensure their business remains compliant. If you were unable to attend, information about changes to casual employment can be found on the Fair Work Ombudsman website. Stay tuned for further online sessions in coming months. 

Small businesses continue to report difficult trading conditions and this can lead to financial distress for some. Considering whether your business will remain viable over the longer term can be intimidating, but it’s crucial to take timely action if your business is at risk of insolvency. Changes to the corporate insolvency framework have provided flexibility for smaller companies to work through their financial challenges in a manner that protects key stakeholders, including creditors.  

As we head closer towards Easter and ANZAC Day, it is a timely opportunity to review compliance with legal requirements and to be aware of recent changes in trading restrictions. ANZAC Day trading restrictions have been extended, though some retail categories and small shops have access to an exemption. Easter offers extended annual leave opportunities and now is a good time to consider staffing arrangements. Public holidays also impact pay entitlements. Find out more about changes to ANZAC Day trading and other handy tips. 

From 25 February, new requirements provide a greater level of protection for gig economy workers with the Fair Work Digital Labour Platform Deactivation Code. The new Code ensures contractors who rely on digital platforms for income have fair processes for account deactivation and access to dispute resolution mechanisms. 

The Commission’s latest Momentum Survey has shown a decline in small business levels of confidence owing to challenging trading conditions. Factors weighing on confidence include input costs, compliance burdens, staff shortages, insurance costs, weaker customer demand, government fees and charges and an uncertain economic outlook. Despite these challenges, there is some optimism about future growth, with 30 per cent of businesses planning to expand or alter operations while separate analysis shows an uptick in confidence since the RBA’s decision to cut interest rates. 

Ensuring compliance with lease registration requirements is critical for both landlords and tenants. In particular, landlords have a legal obligation to register a retail lease under the Retail Leases Act 1994. Find out more about these requirements, including further guidance to register a lease. 

Scams and cybersecurity risks are a daily threat for many small businesses. A survey conducted by the Commission has found that one in nine small business respondents had been the victim of a scam in the past 12 months. There are resources available to help address vulnerabilities in your business. See this article for more information.