Australia’s workplace landscape is evolving, and the impacts will be felt from the boardroom to the back paddock. With a review of the National Employment Standards (NES) underway, a proposed ban on non‑compete clauses, new payday superannuation requirements, and emerging restrictions on non‑disclosure agreements (NDAs) in sexual harassment matters, employers across agriculture and regional production need to prepare now.

At The Lucas Group, we partner with agribusinesses, producers, packhouses, feedlots and rural supply companies every day. We understand the realities of seasonal peaks, tight labour markets and the importance of retaining trusted people in regional communities. Here’s what’s changing, when it’s coming, and how to get your operation ready.

What’s Changing and When

NES inquiry

The Federal Government has commenced a review of the National Employment Standards. Outcomes could affect core conditions such as hours of work, leave entitlements and flexibility provisions. Expect consultation through 2025 with potential legislative changes thereafter. Keep an eye on updates that may affect casual, seasonal and shift-based arrangements common in agriculture.

Ban on non‑compete clauses

In March 2025, the Treasury announced action to stop unfair non‑compete clauses that suppress wages and mobility. As proposed, a ban would apply to workers earning below the Fair Work Act high‑income threshold (currently $183,100 p.a.). The Government will also consult on:

• Non‑solicitation clauses (clients and co‑workers)
• No‑poaching and wage‑fixing agreements
• The use of non‑competes for high‑income workers

Reforms are intended to commence prospectively from 2027 following consultation and passage of legislation.

Payday superannuation

From 1 July 2026, employers will be required to pay superannuation guarantee (SG) at the same time as salary and wages, with contributions needing to reach employees’ funds within seven business days of payday. Employers who miss the timeframe may be liable for the superannuation guarantee charge. The ATO will use the increased payment frequency to identify non‑payment more quickly,

What This Means for Agricultural Employers

Regional talent mobility: The proposed non‑compete ban will increase movement across local markets. Think agronomists, territory managers, livestock buyers, packing supervisors and farm managers. Employers will need to rely less on restraints and more on strong employee value propositions, competitive remuneration and meaningful career paths.

Payroll cadence and cash flow: Payday super will shift cash flow planning, particularly for enterprises with large casual workforces during harvest, crush or peak processing. Payroll systems, super clearing arrangements and bank cut‑off times will need to be tightly managed.

Policy and culture focus: Evolving expectations around NDAs and harassment prevention reinforce the need for robust, trauma‑informed policies and training, particularly where teams work in dispersed locations, camps or remote facilities.

NES outcomes: Any changes to leave, rostering or flexibility could have flow‑on effects for seasonal scheduling, piece rates, accommodation arrangements and fatigue management in agriculture.

Practical Steps to Stay Compliant and Prepared

Prepare for the non‑compete reforms

• Audit contracts, identifying all roles with non‑compete provisions—prioritise employees below the high‑income threshold and high‑turnover roles in sales, technical services and operations.
• Plan your alternatives, replacing blanket restraints with targeted, enforceable protections—confidentiality and IP clauses, non‑disparagement where appropriate, and reasonable non‑solicitation clauses (subject to future guidance).
• For senior roles, ensure the contract allows garden leave during notice to protect sensitive information and client relationships.
• Review permissions across CRMs, farm management software, procurement systems and shared drives. Limit access to “need‑to‑know” and prevent downloads to personal devices.
• Brief executives, HR and hiring managers on timelines and likely impacts to avoid unenforceable terms in new contracts.
  

Get payroll ready for payday super

• Upgrade your payroll systems. Confirm your software can calculate, lodge and transmit SG with each pay run, and integrate with your super clearing house. Test end‑to‑end processes.
• Align pay cycles where possible, rationalising multiple pay cycles (casuals, full‑time, contractors) to reduce complexity and risk of late contributions.
• Confirm super fund contribution cut‑off times, processing windows and clearing delays. Especially around public holidays and regional bank cut‑offs.
• Upskill your payroll, site administrators and farm accountants on the seven‑business‑day receipt rule, SG charge risks, salary sacrifice handling and record‑keeping.
• Forecast SG outflows across seasonal peaks (e.g., harvest, mustering, packing) and engage lenders early if smoothing is required.
  

Monitor the NES inquiry

• Map potential impacts, identifying where changes to hours, leave, or flexibility could affect roster models, camp accommodation, fatigue protocols and seasonal planning.
• Build scenario plans for different outcomes so you can adapt quickly without disrupting operations.
  

How The Lucas Group Can Help

We’re more than recruiters, we’re partners in prosperity for Australia’s food and fibre sectors. Our team can help you:

• Audit and refresh employment contracts for compliance, working alongside your legal advisers.
• Design role architectures, career pathways and retention strategies that reduce reliance on restraints.
• Benchmark remuneration and benefits across regional markets to stay competitive.
• Prepare payroll and HR teams for payday super with practical checklists and change plans.
• Build robust policies and training for respectful workplaces across farms, feedlots, packhouses and processing sites.
  

Next Steps

• Prioritise a contract and policy review in Q1–Q2 2025.
• Engage payroll and finance on payday super system changes by mid‑2025; schedule testing well before 1 July 2026.
• Brief your leadership team on the non‑compete reforms and likely timelines; avoid adding unenforceable clauses to new contracts now.
• Stay close to NES developments and NDA guidance through 2025.
  

This article provides general information only and is not legal advice. The Lucas Group stands with Australia’s agricultural employers to build compliant, resilient and high‑performing teams—today and through the changes ahead.