In January 2026, the Queensland Productivity Commission released its Final Report into construction productivity.
What does that have to do with the industries the SDA covers you may ask?
Along with their recommendations aimed at improving efficiency in the construction sector are a number of recommendations for changing elements of the WHS Legislation. One such change is the removal of Section 26A of the WHS Act 2011.
Section 26A requires employers to comply with approved Codes of Practice, meaning that the Codes are not just guidance material, they are enforceable under law. The Codes provide more detailed information based on legislative requirements, and therefore provide essential guidance on the minimum standards required in workplaces.
Without this guidance being enforceable, it allows for disputes over interpretation. This would mean where a WHS dispute arises an employer can argue they are not required to meet those standards as they are guidance and not law.
There are a number of Queensland Codes of Practice that have direct impact of retail, fast food and warehousing, offering clear standards for:
Workers having clean and accessible toilets, drinking water and suitable break areas
Workplaces having enough trained First Aiders on shift, properly stocked First Aid kits and clear procedures for responding to injuries
Employers being required to identify and reduce injuries from lifting heavy cartons, stacking high shelves, repetitive checkout scanning, pushing heavy cages or pallet jacks and working in cramped spaces
Employers are also required to manage risks from abusive or aggressive customers, understaffing, excessive workloads and psychological impact from serious incidents.
Section 26A was added to the WHS Act 2011 in 2017 after it became apparent the guidance in codes needed to be enforceable to lift safety standards and compliance, after a number of tragic deaths, most notably at Dreamworld. Over the past 10 years, the improvements to the Queensland WHS Legislation have made our Legislation the benchmark for WHS laws in Australia, that other States are now aiming to implement.
Despite all the clear evidence to the contrary the Productivity Commission report claims that going over and above the model WHS laws is unnecessary and of course adds too much “red tape”.
The SDA has joined with other unions to voice outrage at potential changes to WHS legislation which impacts ALL workers, that the union movement fought hard to secure, which aim to ensure that everyone has a safe workplace.
No one should have to choose between their safety and their pay.
