The commercial fishing industry relies on strict compliance, safe operations and a workforce that often operates in complex and high-risk environments. As employment laws continue to evolve, fishing businesses—whether wild-catch fleets, seafood processors or aquaculture operations—must stay informed to protect both their employees and their commercial sustainability. The 2025 updates to workplace laws introduce significant changes affecting wage compliance, superannuation, classifications, minimum wages, enterprise agreements, parental leave and employee contact outside working hours.

This factsheet-style article sets out the essentials for fishing operators, vessel owners and seafood processors navigating the new legal landscape.

Wage Underpayment and the New Wage Theft Offences

From 1 January 2025, Australia introduced stringent criminal laws targeting intentional wage underpayment. This is especially relevant for commercial fishing operations, which often manage variable hours, remote work, seasonal labour and complex award structures.

The updates introduce criminal penalties for intentional wage underpayment, making accurate payroll processes and award interpretation critical for fishing businesses.

• Wage underpayment includes not paying:
  • Minimum rates, overtime, penalty rates or allowances
  • Superannuation
  • Payments required under awards or enterprise agreements
  • Wages in full and on time
• “Intentional conduct” includes:
  • Purposefully paying less than minimum entitlements
  • Knowingly failing to pay an employee at all
• Penalties for companies include:
  • 3× the amount underpaid or $8.25 million (whichever is greater)
  • Applies even if precise underpayment figures can’t be determined
• Penalties for individuals involved (e.g., owners, managers, payroll officers):
  • Up to 10 years’ imprisonment
  • 3× the amount underpaid or $1.65 million

These rules apply across all industries, including fishing, aquaculture and seafood processing.

Avoiding Criminal Liability: Small Business Wage Compliance Code

For commercial fishing operators employing fewer than 15 staff—common in family-run fleets and small aquaculture farms—the Small Business Wage Compliance Code provides a protective framework.

Small businesses that unintentionally underpay staff may avoid criminal prosecution if they follow the new compliance code.

• Applies only to businesses with under 15 employees
• Businesses must demonstrate genuine compliance efforts
• If the Fair Work Ombudsman (FWO) confirms Code compliance:
  • Matters will not be referred for criminal prosecution
• Two pathways to avoid prosecution:
  • Demonstrating compliance with the Code
  • Entering into a cooperative agreement with the FWO by self-disclosing underpayments
• Civil penalties still apply for unintentional breaches:
  • Up to $99,000 per breach for small business
  • Up to $495,000 per breach for larger employers
  • Individuals may face fines up to $19,800 per breach
  • Penalties may increase up to 3× for serious contraventions

These penalties mean commercial fishing employers must maintain robust payroll, correct awards, updated rosters and documented compliance efforts.

Superannuation Guarantee Increase to 12%

On 1 July 2025, the Super Guarantee (SG) increases from 11.5% to 12%. This applies to all fishing industry employees, including deckhands, processors, drivers, aquaculture technicians and administrative staff.

Employers must ensure payroll systems are adjusted before the July deadline to avoid penalties and additional charges.

• The 12% rate is the final stage of the SG increases introduced in 2021
• Failure to pay the correct rate may trigger the Superannuation Guarantee Charge (SGC)
• If SGC applies, employers must pay:
  • Outstanding super amounts
  • Interest
  • Administrative penalties
• Fishing operations with seasonal crews must ensure SG calculations match actual worked hours, especially for variable shifts or overtime.

Right to Disconnect: Preparing for 26 August 2025

The Right to Disconnect already applies to larger employers but takes effect for small businesses (less than 15 employees) on 26 August 2025. This affects many fishing businesses whose employees may be contacted outside normal hours regarding tides, weather, vessel scheduling or last-minute operational changes.

Employees cannot be required to read, monitor or respond to work communications outside their working hours unless the requirement is “reasonable.”

• Employers may still contact staff but cannot enforce responses if unreasonable
• Reasonableness depends on:
  • Industry needs
  • Employee role and seniority
  • Health and safety requirements
  • On-call arrangements and award allowances
• To support compliance:
  • Implement a Right to Disconnect Policy
  • Set clear expectations about out-of-hours contact
  • Ensure employment contracts specify when after-hours contact may be required
  • Schedule messages for working hours
  • Review award allowances such as on-call or stand-by provisions
• For fishing operations with unpredictable factors (weather, catch volumes, emergency maintenance), documentation is critical to establishing reasonableness.

Enterprise Agreement Changes Effective 26 February 2025

Enterprise bargaining is common in larger seafood processing facilities or multi-vessel fleet operations. New rules change how flexibility, consultation and dispute-resolution terms are incorporated.

The Fair Work Commission will now determine mandatory terms that must be included in new enterprise agreements.

• New model terms cover:
  • Flexibility arrangements
  • Consultation requirements
  • Dispute resolution procedures
• Terms will be based on:
  • Best-practice industry standards
  • Stakeholder engagement

Fishing and seafood businesses with enterprise agreements should review bargaining strategies and prepare for additional compliance obligations.

Minimum Wage Increase Likely from 1 July 2025

The national minimum wage and modern award rates are reviewed annually by the Fair Work Commission, with increases expected from 1 July 2025. This affects crew members, fish processors, aquaculture employees and seafood retail staff.

Commercial fishing employers must prepare for wage increases mid-year across all award-covered roles.

• The annual wage review typically results in increases each July
• Modern award rates—including seafood processing and aquaculture awards—will also rise
• Employers should budget for higher labour costs and update rosters accordingly
• Review classification levels to ensure workers are paid at the correct grade

Changes to Entry-Level Classifications in Modern Awards

Significant changes take effect from January 2025 relating to the lowest classification levels in modern awards. Several awards relevant to the fishing industry are included.

New rules affect how long an employee can remain at entry-level classifications and introduce updated pay rates across multiple awards.

• Awards are grouped into three categories:
  • Group 1: New rules on maximum time at the lowest classification
  • Group 2: Increased pay rates for lowest levels
  • Group 3: Both new time limits and increased rates
• Awards relevant to the fishing and seafood sector include:
  • Aquaculture Industry Award
  • Marine Tourism and Charter Vessels Award
  • Seafood Processing Award
  • Pastoral Award (relevant for inland aquaculture or integrated businesses)
• Employers must:
  • Review current classifications
  • Adjust pay rates from January 2025
  • Document reclassifications
  • Ensure new employees do not remain at lower levels beyond permitted timeframes

This is particularly important for entry-level deckhands, hatchery assistants, or seafood processing workers.

Superannuation Paid on Government Parental Leave from 1 July 2025

From 1 July 2025, the government will begin paying superannuation on all government-funded Paid Parental Leave for eligible employees. Payments will be made annually starting from July 2026.

This reform strengthens financial security for new parents and encourages better workforce retention in the commercial fishing sector.

• Applies to births or adoptions on or after 1 July 2025
• Paid as a lump sum with interest
• Based on the 12% Super Guarantee rate
• Paid to employees’ super accounts after each financial year

This change benefits seasonal and permanent workers alike and may assist fishing businesses in attracting and retaining skilled staff in a competitive labour market.

Election-Driven Policy: Expect Further Change

The 2025 federal election may bring additional employment law reforms. Fishing businesses—already operating within a heavily regulated industry—must remain vigilant and prepared to adapt.

Any change in government may influence industrial relations policy, compliance requirements or sector-specific initiatives.

• Potential reforms may impact:
  • Industrial relations systems
  • Worker protections
  • Small business compliance programs
  • Penalty structures
• Staying informed allows fishing operators to:
  • Mitigate compliance risks
  • Protect profitability
  • Plan workforce strategies

Conclusion: Compliance is Critical for Commercial Fishing Businesses

With complex awards, variable work patterns and a mix of seasonal, casual and permanent workers, the commercial fishing industry must take a proactive approach to HR and payroll compliance. The 2025 updates elevate the risks—particularly regarding wage theft offences and classification rules—but also offer clearer frameworks and support mechanisms for small businesses.

Operators should regularly audit payroll systems, update employment contracts, review award classifications and implement clear communication policies. As the regulatory landscape evolves, compliance is not just a legal obligation—it is essential for operational continuity and workforce stability.