Concerningly, we are starting to see a trend where HSRs, Unions and Safety Regulators, are using safety law to frustrate lawful restructure and redundancy processes. It is not the place of the Safety Regulators to determine how businesses should operate or run. Yet there is an alarming trend where businesses, particularly universities, are being issued with prohibition notices or cease work orders in an attempt to delay legitimate redundancies.
The Unions desire to frustrate and stall the process, cloaked in concern for affected workers, is yet another tactic to build membership, careless of the cost impact their actions will cause, leading to higher losses of jobs. Cynical and sad for those who trust them. How regulators could be so hoodwinked and culpable in this abuse of their powers is difficult to conceive. There is an Award system, with a history of understanding and care, that manages the process. It describes what is reasonably practicable and enjoys universal agreement across employers and Unions.
Below, we explore the recent examples and provide practical tips on how you can fight any such action by the Regulator.
Macquarie University (MQ)
Most recently, SafeWork NSW issued an Improvement Notice to MQ on 2 October 2025, for failing to adequately consult staff on a planned restructure. The Improvement Notice has forced MQ to undertake further consultation with unions and workers to identify psychosocial risks so that workers are involved in the decision-making process. MQ were also required to demonstrate that employee feedback has been considered prior to implementing workplace change.
University Technology Sydney (UTS)
On 2 September 2025, SafeWork NSW investigated complaints by UTS employees who were not consulted on the organisation’s restructure. SafeWork NSW issued UTS with a Provisional Improvement Notice (PIN) to temporarily halt the redundancy process on the grounds that workers were, or could be, exposed to a serious and imminent risk of psychological harm. The PIN was lifted on 5 September 2025 after the university started consulting with HSRs regarding the restructure.
Australian National University (ANU)
As part of the Renew ANU restructure, nearly 400 jobs were made redundant in the past year. This led current employees to raise concerns with their HSRs around claims of job insecurity, bullying, harassment and aggression, causing them to experience harm, with some even disclosing suicidal ideation.
Unlike the MQ and UTS cases, it was the HSRs who issued a Provisional Improvement Notice (PIN) to ANU after compiling a report detailing psychological hazards in ANU’s College of the Arts and Social Sciences. When ANU failed to comply, the HSR took the unprecedented step of issuing a cease work order on 17 September 2025, directing roughly 30 employees to leave the workplace to prevent further psychological harm. The cease work order was lifted on 23 September 2025.
The National Tertiary Education Union, which was involved in the process, overstepped its role by encouraging employees to cease work despite their positions being unaffected by the proposed restructure. This unnecessarily exacerbated workplace disruption without justification.
What can you do if the Safety Regulator tries to stop your genuine redundancy?
The powers of the Safety Regulators are limited, as they can only issue such notices if there are genuine concerns. If you can provide evidence of your compliance with the Award process, then it is possible to dispute the notices and get them withdrawn.
We recommend you do the following:
- Comply with requirements under any relevant industrial instrument relating to major change and genuine redundancies. Ensure the role is no longer required to be fulfilled by anyone due to organisational requirements.
- Comply with consultation obligations under your relevant industrial instrument and safety law!
- Undertake risk assessments prior to implementing change management and provide the necessary support to employees
- Document your process as evidence!
Do not leave your door open for safety to be industrialised in the manner we have described. Remember that safety consultation arises when a change is about to be made and the consultation process involves a risk assessment. Under Awards and EBAs, the obligation to consult comes after a definite decision is made. The consultation is more process-driven and well established. Do both! Keep contemporaneous records and care for your people. It leaves no space for HSRs, Unions or Regulators to flex their muscles.