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Employer guide

Policies and procedures

The policies that protect your business, the ones the law expects, and how to write them so they don't become promises.

For national system employers · Current as at 3 November 2026

Need policies that work the way your business does?

Fixed-fee policy packs written for your industry, your award or agreement and your managers, with the price agreed in writing before we start.

Ask about a policy pack

Check which workplace relations system applies

These guides concern the national Fair Work system. In WA, coverage can depend on the employer's legal identity, activities and arrangements. A business structure alone may not settle the question, particularly for trusts, partnerships and not-for-profit organisations.

Do not use these checklists to decide jurisdiction or whether an action is lawful. Check official Fair Work coverage guidance, or contact us.

The basics

  • Few are compulsory by name.But several legal duties are hard to meet without one: preventing sexual harassment, managing psychosocial risks, flexible work requests and after-hours contact.
  • Some are required.Public companies, large proprietary companies and corporate trustees of APRA-regulated superannuation entities generally need a whistleblower policy, subject to limited exemptions. Relevant employers also have gender equality obligations.
  • They’re your evidence.Policies help show the Commission, a regulator or a court that you acted reasonably. Not following your own policy can be worse than having none.
  • Word them as guidance.A policy written as a promise can become part of the employment contract. Say that policies can change and don’t form part of the contract.

Which policies does your business need?

Tell us a little about your business. The list updates as you go. These are areas to check, not a determination of your legal obligations. Headcount alone is not conclusive: WGEA uses Australian employee counts, corporate-group rules and continuing-reporting thresholds.

How many employees do you have?
Which of these apply?

12 areas to consider: 2 possible requirements, 6 supporting legal duties, 4 good-practice policies.

Requirements to check

  • Gender equality reportingRelevant employers generally report annually when they employ 100 or more people in Australia. Corporate-group rules also apply, and previous reporters may remain covered with 80 or more employees. This is a report, not a policy.
  • Gender equality policies and targetsDesignated relevant employers generally directly employ 500 or more people in Australia. They need policies or strategies for six gender equality indicators and three targets, with achievement or improvement over the target cycle. Continuing-coverage rules can apply below 500.

Policies supporting legal duties

  • Sexual harassment and respectful behaviourSupports the positive duty to prevent sexual harassment and sex discrimination, enforced by the Australian Human Rights Commission.
  • Work health and safety, including psychosocial hazardsWA safety laws require you to identify and control psychosocial risks, such as bullying, excessive demands and poor support.
  • Flexible working requestsGives managers the steps for the 21-day written response the NES requires.
  • After-hours contact (right to disconnect)The right to disconnect applies to employees of national system employers. A policy sets expectations about when contact is reasonable.
  • Leave, including family and domestic violence leaveCovers notice and evidence, and confidential handling of family and domestic violence leave.
  • Grievances and disputesLines up with the dispute clause in your award or agreement, so complaints are handled the same way every time.

Good practice

  • Code of conductSets the standard you'll rely on if conduct becomes a disciplinary matter.
  • Performance and discipline procedureGives managers a fair process that stands up if a dismissal is challenged.
  • IT, social media and privacySets rules for devices, monitoring and employee information.
  • Recruitment, onboarding and exitKeeps hiring lawful and consistent, and makes sure the required documents go out.
Ask about a fixed-fee policy pack

Questions employers ask us

The general position only. Every answer turns on your facts, your award or agreement, and your records.

Is a sexual harassment policy enough to meet the positive duty?

What the law looks at

  • No single document is enough. The duty is to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and related conduct, as far as possible.
  • The Australian Human Rights Commission can investigate and issue compliance notices. Its guidelines set seven standards, from leadership and culture to reporting and response.
  • Training, risk assessment and how you respond to complaints all count.

Ask us about your situation

Are our policies part of our employment contracts?

What the law looks at

  • They can be, depending on how they’re worded and how contracts refer to them.
  • Promissory wording, such as “the company will”, is the main risk.
  • Say clearly that policies don’t form part of the contract and can be changed.

Ask us about your situation

Do we need a right to disconnect policy?

What the law looks at

  • It isn’t compulsory, but the right applies to employees of national system employers: since 26 August 2024 for larger businesses and 26 August 2025 for small business.
  • Employees can refuse to monitor, read or respond to contact outside working hours unless the refusal is unreasonable.
  • A clear policy on when after-hours contact is expected reduces disputes.

Ask us about your situation

What are psychosocial hazards, and what do we have to do?

What the law looks at

  • Things at work that can cause psychological harm, such as bullying, harassment, high job demands, poor support, fatigue, and remote or isolated work.
  • Since 24 December 2022, WA’s safety regulations require you to identify these risks and control them.
  • WorkSafe WA’s code of practice explains how.

Ask us about your situation

Does it matter whether managers follow our policies?

What the law looks at

  • Yes. The Commission and regulators look at what you actually did, not only what’s written.
  • Training, and records of it, are part of meeting the positive duty and your safety duties.

Ask us about your situation

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Official sources

Check the current rules and how they apply to your circumstances.