Workplace Mental Health and Fair Work Compliance: Why EAPs Are Now Essential | Mindway EAP
Last Updated 20/2/26 By Vanessa Cortez
EAP Programs @ Mindway EAP
The mental health of employees is now an essential component of adhering to the guidelines established by Fair Work Australia and Work Health and Safety (WHS), and it is no longer an afterthought when it comes to making the workplace safe. Companies are increasingly required to take measures to protect the mental health of their employees since psychosocial risks such as stress, burnout, and harassment are becoming more and more mainstream in the public consciousness. Support in this regard is provided via the Employee Assistance Program, sometimes known as the EAP.

Through the use of Mindway EAP, companies all throughout Australia are able to achieve these new criteria, as well as the happiness and strength of their workers. This handbook will demonstrate how employee assistance programs (EAPs) directly contribute to Fair Work, how they promote workplace culture, and how they make mental health a long-term component of the success of businesses.

What you'll learn:
  • What Fair Work’s new mental health standards mean for employers.
  • How EAPs help you comply with psychosocial risk laws.
  • Real examples of EAP impact on workplace wellbeing.
  • The link between EAP, culture, and staff retention.
  • How to choose an EAP that meets Australian compliance expectations.

Fair Work and Mental Health: The New Employer Responsibility

The regulations governing fair work and workplace health and safety consider mental health to be of equal significance to physical health. Consequently, it is necessary for managers to be aware of and address psychological hazards, such as having an excessive amount of work to do, having jobs that are not clear, having hostile relationships at work, and changes within the business. In the event that you do not address these risks, you may be subject to allegations of unfair labor practices, harm to your reputation, or major violations of regulatory requirements. Compliance, on the other hand, is all about prevention: a proactive wellness framework that is anchored by an EAP demonstrates that your firm takes both its legal and human duties seriously.

The Role of an EAP in Workplace Mental Health Compliance

An Employee Assistance Program, sometimes known as an EAP, is a confidential support program that assists workers in addressing personal and work-related issues before they become more severe. When the Employee Assistance Program (EAP) is utilized appropriately, it has the potential to assist in the prevention of stress, anxiety, and burnout. Additionally, it may provide counseling and crisis assistance around the clock, train managers how to handle sensitive circumstances, and generate a record of proactive wellness efforts that can be utilized for audits and compliance checks. From our perspective at Mindway EAP, we have observed over and again that businesses who have robust EAP systems not only fulfill the legal obligations that are imposed on them, but they also perform better than their rivals in terms of employee participation, culture, and retention.

Employee:
I’ve been finding it hard to concentrate lately. There’s just a lot going on, both at work and at home.
You:
I appreciate you being open about that. Remember, you can reach out to our EAP anytime, it’s free and completely confidential.

Real-World Example: A Company That Turned Compliance into Care

Because of the new psychosocial standards that Fair Work had adopted, a regional construction company that was suffering a high rate of stress-related absenteeism and increasing turnover started using Mindway EAP. This was a reaction to the new requirements that Fair Work had implemented before they were implemented. The number of absences decreased by twenty-five percent over the course of a period of six months, managers said that their teams were communicating more effectively, and an audit conducted by Fair Work praised the firm for its "demonstrated commitment to proactive mental health management." In addition to being accomplished, compliance was also established as the expected level of performance.

Why Fair Work Compliance Alone Isn’t Enough

Despite the fact that this method is bound to fail due to the fact that true compliance demands genuine care, a lot of businesses address mental health as if it were a compliance issue. This requirement is met by employee assistance programs, often known as EAPs. These programs offer individual support at times when it is most likely to be required, such as through confidential counseling, leadership training, or crisis intervention. Through the utilization of these services, legal obligations are changed into actions that are both useful and centered on individuals.

“It’s time we view mental health not as a weakness to manage, but as a strength to protect.”
— Jacinda Ardern

Choosing the Right EAP Provider

When searching for EAP providers, it is best to go with those that have counselors based in Australia who are familiar with the local workplace laws, support for employees and their families twenty-four hours a day, seven days a week, robust manager assistance and training modules, data-driven reporting that demonstrates trends in wellbeing, and paperwork that is prepared for Fair Work audits. These are the best factors to look for. In addition to ensuring that wellness programs are relevant, personal, and quantifiable, the Mindway Employee Assistance Program works in conjunction with Human Resources and leadership teams to ensure that wellness programs comply with Fair Work and Workplace Health and Safety standards.

The Bigger Picture: Mental Health as a Business Advantage

When it comes to spending money in an employee assistance program (EAP), it is essential to not only stick to the requirements, but it is also essential to concentrate on performance. organizations that have successful mental health programs have a better reputation as a place of employment, a lower rate of absenteeism and attrition, and a 2.3% higher level of employee involvement, according to a number of studies. In addition, these organizations have a lower rate of employee turnover. To summarize, a workplace that is favorable to mental health is also a workplace that is productive, and when leaders care about their employees, Fair Work compliance arises naturally. This is because of the fact that mental health is directly related to productivity.

It's possible that compliance is the first step, but attitude is the following step that has to be made. Employees who are aware that they may obtain treatment for their mental health are demonstrated to be more loyal, interested, and creative in their work when they are aware of the possibility of receiving such assistance.

Posters, emails, and team check-ins are all sent on a regular basis by the Employee Assistance Program (EAP) in an effort to reduce the stigma associated with wellness and to make it more visible. Over the course of time, this leads to the formation of an open culture, which is advantageous to both individuals and performance.

Key Takeaways
  • Mental Health = Compliance
    Under Fair Work, psychological health is as important as physical safety.
  • EAPs Make Compliance Measurable
    Confidential support and data insights help employers demonstrate proactive care.
  • Culture Creates Compliance
    When leaders promote EAP use, trust and engagement naturally rise.
  • Mindway EAP: Your Compliance Partner
    Our programs help organisations meet Fair Work and WHS standards, and go beyond them to build thriving, people-first workplaces.
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