TEQSA's expectations around compliance with workplace laws
4 minute read
15.10.2025
Kate Pennicott and Claire Fung
In May 2025, TEQSA released a Statement confirming its expectations around higher education providers' compliance with workplace obligations.
Key takeouts
TEQSA's Statement sets out four expectations for providers: proactively seek independent advice, clarify and define compliance roles, implement robust assurance processes, and ensure governing bodies oversee workplace obligations.
The scope of what is captured by 'workplace laws' is broad. Providers adopting narrow definitions may face increased scrutiny from TEQSA, particularly as sector-wide alignment becomes the norm.
Annual reporting and attestation requirements mean universities must maintain robust documentation and evidence of compliance, with the risk of regulatory action if standards are not met.
TEQSA Statement of Regulatory Expectations: Compliance with workplace obligations
On 28 May 2025, TEQSA issued its Statement of Regulatory Expectations: Compliance with workplace obligations (Statement). The Statement was developed in response to the University Accord, which stated that universities must demonstrate they are 'good employers'.
The Statement confirms TEQSA's expectations regarding higher education providers' compliance with workplace laws, including wage compliance. These expectations focus on two key areas:
how the provider complies with workplace laws; and
how the provider governs that compliance.
There are four general expectations:
Obtain independent advice to identify and address potential risks related to the obligations under workplace laws.
Define roles and responsibilities for monitoring and reviewing compliance.
Provide operational assurance, such as audits, reviews, and ensuring employees are paid correctly.
Ensure governance assurance by the governing body. This requires the council or equivalent governing body to satisfy itself that the provider is complying with all workplace and industrial obligations, and that fit-for-purpose systems are in place to support ongoing compliance.
TEQSA acknowledges that their expectations may be met by providers in various ways given the differences between providers, and these expectations outline the minimal steps the providers are expected to take to develop a process of continuous improvement to ensure they effectively mitigate risk around meeting their obligations under workplace laws.
These expectations will be integrated into TEQSA’s regulatory activities, including registration and re-registration processes, and annual compliance and risk assessments.
Understanding ‘workplace laws’ under the Fair Work Act
TEQSA has adopted the definition of 'workplace laws' in the Fair Work Act 2009 (Cth) (FW Act). It is broadly defined and relevantly includes:
the FW Act; or
the Fair Work (Registered Organisations) Act 2009; or
the Independent Contractors Act 2006 (Cth); or
any other law (both Commonwealth and State) that regulates the relationships between employer and employees, and expressly includes law that deals with occupational health and safety matters.
Therefore in addition to the Acts listed above, there is a question about whether the following laws (among others) fall under the definition of 'workplace laws':
Discrimination legislation
Workers' compensation legislation
Superannuation legislation
Long service leave legislation
Privacy legislation
Surveillance legislation
New annual reporting requirements for Australian universities
TEQSA has introduced new annual reporting requirements for Australian universities, beginning in 2025 (at this stage). Reporting will be required for an initial two year period (i.e. for the period 2025 and the period 2026).
The annual reports will comprise of:
an attestation by the Vice-Chancellor that the university has met the expectations; and
The submission date for the 2025 annual report is yet to be confirmed. The latest update is that TEQSA is finalising the reporting requirements and timeline, with further updates expected later this year.
Practical implications for governance and compliance
Australian universities must demonstrate how they meet TEQSA's four expectations to support the Vice-Chancellor's attestation. There is a strong focus on governance and assurance by the governing body.
Universities should prepare a report for their council/governing body outlining how each expectation is met.
This report should reference the systems and processes in place and provide supporting documentation in an index.
The Vice-Chancellor can then sign off on the attestation with confidence.
Meeting these requirements requires preparation and the introduction of new processes across the university's various functions. Each expectation must be considered in the context of all relevant workplace laws and the university's situation. Operational assurance (Expectation 3) may require audits, reviews, and evidence of correct payments to employees.
Although compliance with the Statement is not legally required, TEQSA may review compliance statements during re-registration, annual assessments, or if concerns arise. If compliance is not demonstrated, TEQSA has the statutory power to request supporting documents, conduct investigations, and impose conditions on a university’s registration.
We will continue to monitor updates as TEQSA finalises
the reporting requirements and confirms the 2025 submission date. In the
meantime, it is important for providers to begin considering the internal steps
necessary to ensure compliance with TEQSA's expectations, and universities to
consider steps to comply with the reporting obligation.
