Fair Work Australia and Employee Rights
Are EAPs Required Under Fair Work?
Within the framework of the Fair Work regulations, not all EAPs are obligatory. According to Fair Work Australia, on the other hand, the organisation predicts that firms will take steps to guarantee that their workplaces are safe and free of harassment, bullying, and unfair treatment. The ability of businesses to demonstrate that they are doing everything in their power to resolve employee issues and foster wellbeing is something that is commonly taken into consideration when disputes are reviewed. Companies that have an employee assistance program (EAP) in place are able to demonstrate this.
Are EAPs Required Under Fair Work?
There is no mandate for employment assistance programs (also known as EAPs) in accordance with the Fair Work laws. Fair Work Australia anticipates that employers will take efforts to ensure that their workplaces are safe and free from harassment, bullying, and other types of unfair treatment. This is in light of the fact that Fair Work Australia has made this prediction. Employers have the opportunity to demonstrate that they are making steps to address employee issues and to promote well-being by implementing an employee assistance program, sometimes known as an EAP. When evaluating potential conflicts, this is something that is commonly taken into consideration. During this process, conflicts are examined.
How EAPs Support Fair Work Compliance
By providing private therapy for issues connected to stress, conflict, or obstacles in the workplace, by using mediation to address problems before they escalate, and by offering managers direction on how to handle challenging personnel situations in accordance with equal employment duties, employee assistance programs (EAPs) help ensure compliance. Additionally, they make certain that workers are aware of their rights and have access to support in a setting that is maintained in strict confidence. The Employee Assistance Program (EAP) helps to create confidence, foster a safer work environment, and lower the risk of disputes making their way to the Fair Work Commission by providing assistance in this manner to both staff and management.
Beyond Compliance: Building Trust
EAPs are not only a way to ensure that things are carried out in the appropriate manner. As a consequence of these efforts, businesses are able to demonstrate that they are concerned about the well-being and contentment of their employees, thereby transforming the workplace into an environment in which individuals are made to feel valued and appreciated. As a consequence, this leads to an increase in trust, a decrease in friction, and an improvement in retention, all of which are benefits that go well beyond the simple elimination of problems.

Ideal for organisations that want to start small and scale as needed. Only pay when your team uses the service.
Included in PAYG:
✔️ Pay per session model
✔️ Tailored Mindfulness Program
✔️ Professional support within 12–36 hours
✔️ 24/7/365 booking number
✔️ Real-time analytics portal
Best for teams seeking consistent, proactive support with built-in sessions and added value for managers and leaders.
Includes everything in PAYG, plus:
✔️ Set sessions included per employee, per year.
✔️ Dedicated program specialist
✔️ Priority critical incident support
✔️ Monthly live leadership/manager training (mental health, leadership, communication & more)
Support your team with personalised and fast support. Fill out the form below to get a personalised EAP for your organisation.