ASIC’s 2025 Draft Instrument introduces key updates to the regulatory framework for employee incentive schemes by unlisted companies, replacing the expiring Class Order [CO 14/1001] with more flexible and less burdensome requirements. The new instrument removes obligations such as ASIC notification, financial disclosures, and the $5,000 annual cap per employee, while simplifying trustee administration and expanding small-scale offer exemptions. These changes significantly reduce compliance burdens and enhance flexibility for unlisted companies, though businesses must still consider fair share valuation, employee communication, and tax implications.

For the Australian tax year ending June 30, 2025, Employee Share Scheme (ESS) Statements must be distributed by July 14, 2025, and the ESS Annual Report must be filed with the ATO by August 14, 2025. Compliance is required if an ESS deferred taxing point occurred during the year, typically triggered by events such as option exercise, RSU settlement, or ESPP share purchase. Employers should also ensure payroll tax obligations are met for ESS interests, as these are separate from federal reporting, and non-Australian issuers must engage a local intermediary to lodge reports with the ATO.

Despite economic pressures from rising interest rates and inflation, participation in salary sacrifice employee share plans has remained strong, as revealed by a Computershare analysis across ANZ clients. Key factors driving this resilience include the simplicity of automatic salary deductions, tax benefits, and employer matching contributions, which together make these plans appealing long-term investments. For employers, the sustained popularity of these plans highlights their value as a tool for boosting engagement, fostering a sense of ownership, and enhancing employee compensation packages to attract and retain talent.

Employee Share Schemes (ESSs) are increasingly popular in advice businesses for talent retention, though their feasibility depends on a firm's size and structure. Integro Private Wealth, for example, has introduced an ESS to attract and retain talent, especially in wealth management, where long-term client relationships are crucial. While ESSs offer financial security and engagement for advisers, smaller firms face implementation challenges due to scale and structure, which leads some to consider mergers to enable broader employee ownership.

On August 22, 2024, IPH Limited announced a share purchase plan (SPP) allowing eligible shareholders in Australia and New Zealand to subscribe for up to $30,000 worth of shares without transaction costs. The SPP aims to raise up to $25 million and supplements a $100 million institutional placement completed on August 23, 2024. Proceeds from the SPP and placement will be used to fund IPH's acquisition of Bereskin & Parr and to reduce debt.

Canva has provisions in employee contracts that allow the company to reclaim share rights from employees who publicly criticize the company, even after leaving, similar to a now-reversed policy at OpenAI. The contracts include non-disparagement clauses, non-compete agreements, and restrictions on using confidential information post-employment, aimed at protecting the company's interests. Critics, like entrepreneur Lucy Wark, argue these provisions can be used to silence former employees and prevent them from discussing major issues, though Canva claims the measures are intended to ensure employees share in the company's success.

On July 23, 2024, Abacus Property Group issued new unquoted equity securities, including security acquisition rights, long-term incentive (LTI) rights, and short-term incentive (STI) deferral rights. These securities, totaling 9,307 security acquisition rights, 215,839 LTI rights, and 19,157 STI deferral rights, are part of an employee incentive scheme. The securities are not intended to be listed on the ASX.