Let’s be honest—when most people hear about new Fair Work legislation, their first reaction isn’t exactly excitement. It’s usually a mix of “Oh no, what now?” 

But the Closing the Loopholes Bill? It’s a big one. And it matters. Not just because it tightens up a whole bunch of dodgy grey areas — but because it signals a pretty clear message to all employers: you’ve got to lift your game.

This isn’t just a checklist for HR nerds (though yes that would be me). This is about how we treat people, how we manage risk and how we make work... actually work.

Let’s start with the real game-changer: psychosocial hazards are now part of your WHS responsibilities. Every business needs a written plan in place with how they minimise or manage burnout, stress, bullying, poor role clarity, excessive workload and all those “soft issues” that  can be a contributing factor to poor mental health in the workplace.

It’s not enough for a business to say, “We’ve got an EAP” and move on. Being proactive around good mental health is just as important as physical safety in the workplace. 

The cost of poor mental health in the work place is high,  absenteeism,  turnover of staff,  poor work place culture, reduced productivity. Business owners need to be proactive about supporting good mental health in the workplace - not only because it is the right thing to do, there are legal requirements here.  

This is about protecting mental health the same way we protect physical safety. And if you don’t know where to start — spoiler alert — we do.

Right to Disconnect: It’s official — people can stop replying to your 9pm emails

This one’s getting lots of airtime, and for good reason. Employees now have the right to disconnect outside of their work hours, unless it’s reasonable for you to contact them. 

So yes, that means you might need to stop calling it “flexibility” when someone’s working after dinner, answering emails in bed, and joining meetings with their toddler on their lap.

You’ll need a clear policy. You’ll need to train your leaders. And more than anything, you’ll need to lead by example. (Looking at you, boss who emails the team while "on leave".)

Contracts, casuals, and clarity: No more “we’ll see how it goes”

There are also some big changes around:

• Fixed-term contracts (they can’t be rolled over forever now)
• Casual conversion (people working regular hours can request permanency)
• Pay secrecy (employees can now talk about their salaries—and no, you can’t stop them)