Mandating Two Days A Week From Home: What Employers need to know about the upcoming legislation 

The world is evolving fast, and flexible work arrangements are at the centre of the conversation. As discussed in my recent Ticker News interview and shared across LinkedIn, Facebook and Instagram channels, the question of whether working from home two days a week should be a legal right is now being debated at the Fair Work Commission, and the Victorian Parliament mandated two days a week last week. 

 

Why is Change Happening? 

The push for stronger work-from-home (WFH) rights is a direct response to the shift in employee expectations since the pandemic. Flexibility is no longer a perk; it’s a key factor in attracting and retaining talent. However, inconsistent practices and a lack of clear guidelines have left both employers and employees uncertain about their rights and obligations. The Fair Work Commission’s current test case, brought by the ACTU and other advocacy groups, aims to clarify what counts as “reasonable business grounds” for refusing WFH requests and could set a new national standard.

 

What Could the New Laws Mean?

If the proposed legislation passes, employers may be required to offer eligible employees the right to work from home at least two days a week, unless there are clear, well-documented business reasons to refuse. Victorian legislation goes even further, requiring detailed documentation and extra protections for carers, people with disabilities, and other vulnerable groups. Businesses will need to update their policies, train leaders, and ensure compliance at both the state and federal levels.

Which Law Takes Precedent?

In Australia, Commonwealth (federal) law generally overrides state law, but if the Victorian law offers greater protections for employees, businesses should adopt the higher standard. For employers, the safest approach is to comply with whichever law benefits employees most to reduce risk and demonstrate a commitment to workplace wellbeing.

 

Does This Affect All Businesses? 

Absolutely. Whether you’re a small business with just a handful of staff or a larger organisation, these changes will apply to you. There are no exemptions for small businesses, and all employers will need to review and update their flexible work policies and practices.

 

What Should Employers Do Now? 

• Review and update your flexible work and remote work policies.
• Train leaders to handle requests fairly and document decisions thoroughly.
• Keep detailed records of all flexible work requests and reasons for any refusals.
• Monitor government updates and be ready to adapt quickly.

Final Thoughts

As I shared on Ticker News and across my social channels, the move towards mandating two days a week of remote work is making compliance harder than ever for businesses, especially those on the smaller side. Businesses should take a proactive approach, using legislative changes as an opportunity to attract and retain top talent—setting themselves up for long-term success.

Want to discuss what these changes mean to your business? Get in touch or follow Blue Kite on LinkedIn, Facebook and Instagram.

 

From December 1, 2025, Victoria joins the rest of Australia in enforcing psychological safety laws, putting workplace wellbeing front and centre for every business

 

But even before this milestone, every employer nationwide has a legal responsibility to manage psychological risks under work health and safety (WHS) laws. For small and medium businesses, this isn’t about red tape – it’s about protecting your people and your business.

 

What is Psychological Safety? 

Psychological safety means actively managing work-related risks that can harm mental or physical health. These hazards can include:

• Excessive or unpredictable workloads
• Unclear job roles or conflicting expectations
• Bullying, harassment, or aggression
• Isolated or unsupported work
• Lack of recognition or support
• No control over how work is done
• Poorly managed change
• Exposure to traumatic events or customer aggression.

 

Why Victoria’s Change Matters – And Why It’s National 

From December 2025, WorkSafe Victoria expects employers to show clear, documented efforts to manage psychosocial risks through risk assessments, staff consultation, practical controls, training, reporting, and regular review. But this approach is already in place across most of Australia. Inspectors are increasingly focusing on psychological safety, and penalties for non-compliance are steep.

 

The Risks of Ignoring Psychological Safety 

Failing to address psychosocial hazards can lead to:

• Improvement or prohibition notices
• Fines (up to millions for serious breaches)
• Prosecution of directors or officers
• Expensive, complex WorkCover claims
• Civil claims and reputational harm.

Doing nothing is far riskier – financially and legally – than taking simple, proportionate action.

 

Spotting Hazards in Your Workplace 

Psychosocial risks rarely announce themselves. Warning signs include:

• High turnover or absenteeism
• Frequent complaints about workload or fairness
• Staff showing visible stress or withdrawal
• Unmanaged customer blow-ups
• Confusion about roles
• “Always on” expectations
• Bullying or incivility
• Change fatigue.

A short, honest conversation with your team can reveal more than any survey.

 

Practical Tips for Small Business 

You don’t need a big HR department – just some simple, repeatable steps:

1. Talk to Your Team—And Act:
   • Regular check-ins (even 10 minutes) on workload, stress, and behaviour
   • Listen, spot themes, and make at least one visible change.

1. Know Your Top 3–5 Risks:
   • Use existing info (incidents, feedback, complaints) to identify main hazards.

1. Put in Proportionate Controls:
   • Set limits on workload, clarify roles, define acceptable behaviour, and introduce practical supports.

1. Support Your Supervisors:
   • Brief managers on spotting risks and having supportive conversations.

1. Make Reporting Simple:
   • Clear ways to raise concerns, protect privacy, and follow up.

 

The Benefits of Getting This Right

Managing psychological safety well means:

• Lower turnover and absenteeism
• Reduced insurance and claim costs
• Better customer service
• Stronger reputation
• Healthier, more engaged employees

Victoria’s new law is a reminder: psychological safety isn’t a “nice to have” – it’s an essential business practice. Protect your people, protect your livelihood, and make psychological safety business as usual.

 

To learn more about how Blue Kite can help to make your business psychologically safe, get in touch with Catie Paterson Blue Kite  today. 

The real story isn’t in the CV – it’s in what you ask

 

Want better hires? Start asking better questions. Learn how to hire for potential, not polish – and move beyond keywords to real human connection. 

 

When the Resume Doesn’t Quite Add Up 

You’re reviewing applications for a new role. And you are in a quandary!

One candidate has the right skills – but a two-year career gap. 

Another made a sideways move last year that doesn’t quite align. 

A third has no degree, but glowing endorsements and a portfolio full of grit. 

 

Do you shortlist them for an interview – or look past them?

 

For many hiring teams, the résumé is still the gatekeeper. It offers a quick, seemingly objective way to narrow down a pile of names into a shortlist of contenders. 

It’s familiar. 

It’s efficient. 

And… It’s flawed. 

 

Let me explain…

 

Not every strength fits neatly on a sheet of paper. 

 

A résumé can tell you where someone has worked, but not how they think. It lists qualifications, not character. And it rarely captures the experiences that shape resilience, creativity, or emotional intelligence – the very traits that often matter most in fast-moving, people-first environments. 

 

In this age of automation, it’s especially tempting to let AI or keyword-matching software do the early work for you. But these tools are only as good as the assumptions they’re built on. And when those assumptions favour linear paths, traditional credentials, or uninterrupted timelines, you risk filtering out people with something even more valuable: perspective. 

 

And therefore, if you want to build a team that’s capable, curious, and equipped for the real world – you need to look beyond the résumé. 

Workplace mental health is finally getting the attention it deserves. But not all experiences of stress, burnout, or emotional strain are the same – especially for those carrying an invisible load.

 

Why Resumes Still Rule (and Why That’s a Problem)

Many hiring processes still begin – and end – with the résumé. It’s the quickest way to scan for experience, shortlist candidates, and keep the process moving. In time-poor environments, it’s no surprise that a well-formatted CV or an optimised LinkedIn profile gets a foot in the door. 

 

But speed doesn’t quite equal insight. 

 

While a polished résumé might reflect access to coaching, privilege, or a career path that followed a predictable arc, it may not fully reflect potential, values, or how someone handles complexity. And when you rely too heavily on résumés – or the tech that scans them – you risk missing exactly those things.

 

Add AI and automation into the mix, and this gap can widen. Keyword-matching software and algorithm-driven shortlists promise efficiency. But these tools are trained on past data – often replicating existing biases. That means candidates with non-traditional career paths, career breaks, or culturally different ways of expressing achievement might never make it past the first filter. 

 

Your brief may be to hire a diverse team. But look at the systems you rely on, because they could be rewarding sameness.  

 

Speed helps you filter quickly – but it won’t help you understand deeply.

A resume might check the boxes, but insight lives in the story behind it. 

 

When hiring becomes a box-ticking exercise, you overlook the human behind the application – and all the experiences that don’t fit neatly in a dropdown menu. 

What Resumes Don’t Tell You

Résumés are designed to shine a spotlight on the highlights of one’s professional journey. It favours job titles, achievements and certifications, all distilled into bullet points. But real careers aren’t bullet points. They’re stories. And the most meaningful parts often don’t make it on to the page.

 

What gets left out?

 

Resilience: The CV might show a two-year gap. It won’t show the grit it took to care for a sick parent, survive a redundancy, or restart after a burnout. 

 

Emotional intelligence: Empathy, self-awareness and team dynamics don’t come with a certificate – but they’re critical to culture and performance. 

 

Adaptability: A “career pivot” might look inconsistent on paper. In practice, it can reflect learning agility, courage, and a growth mindset. 

 

Values alignment: résumés tell you what someone has done – not why. And that “why” often speaks volumes about motivation and integrity. 

 

Cultural contribution: Hiring for “fit” can reinforce bias. Looking for what a candidate could add to your culture – through lived experience or perspective – is far more powerful. 

 

A résumé gives you a list of milestones. It rarely shows what shaped someone along the way. and that’s where the real value often lives. 

 

Ask, Don’t Assume 

A two-year career break that might have seemed like a red flag – it doesn’t always mean the candidate lost momentum. A sideways move doesn’t imply a lack of ambition. Lack of industry experience doesn’t mean they won’t deliver in the role. 

 

But you won’t know that if you don’t ask.

 

Too often, we’re guilty of making assumptions on what’s missing – or unfamiliar – on a résumé. But the gaps and pivots often carry the richest insight: about what someone values, what they’ve overcome, and how they operate under pressure. 

 

This is where human conversations make all the difference.

 

Instead of scanning for red flags or attempting to fill in the blanks yourself, ask:

• “Tell me about this time you chose to leave this role / take a break / try something new. What drove that decision. What did that experience give you”

• “What’s a choice you made in your work life that helped you grow – even if it wasn’t obvious on paper?”

• “What would a team member from your last team say you brought to the culture?”

 

Questions like this go beyond competence – they open the door to context, character, and clarity. 

 

Curiosity isn’t soft. It’s strategic. And when well directed, it can surface the kind of qualities no keyword scan will ever catch. 

 

Hire or Trajectory, Not Just History

A standout résumé might show steady progress, recognisable job titles, and years of experience. But none of that guarantees the person behind it will thrive in your team, your culture, or your challenges.

Past success doesn’t always predict future impact – especially in roles that demand empathy, learning agility, or cross-functional thinking. 

That’s why it pays to hire for trajectory – not just history. 

| Trajectory is about where someone is headed, how they think, and what they’re building in themselves. |

It shows up in candidates who:

• Taught themselves new skills during a career break
• Changed industries to align with purpose
• Tool roles outside their comfort zone to grow
• Stepped back temporarily for health, family, or reflection – and returned more focused. 

These aren’t liabilities. They’re signs of resilience, clarity and maturity. 

One of the most powerful shifts a hiring team can make is to stop asking, “Do they tick every box?” and start asking “Are they growing in a direction that matches where we’re headed?”

More than following a candidate’s path, you need to recognise their momentum and how it lines up with your mission. 

Practical Ways to Look Beyond the Résumé

It’s one thing to say, “hire with curiosity”. It’s quite another to build hiring processes that actually make space for it. 

If you want to spot potential – not just pedigree – you need to change how you attract, assess and engage candidates. 

Here’s where you can start:

• Rewrite job ads to focus on impact, not checklists.

Instead of “5+ years in a similar role”, ask for “experience with improving systems or solving challenges in messy, high-stakes environments”. You’ll attract a broader range of candidates – and encourage self-selection based on capability, not just credentials.

• Train hiring managers to spot potential. 

Curiosity and growth mindset doesn’t always come across in a traditional interview. Equip interviewers to ask deeper questions and probe for adaptability, values and willingness to learn. 

• Use structured interviews – but leave room for stories.

Consistent questions are essential because they reduce bias. But make sure you make time for conversation. Leave space for candidates to explain gaps, pivots, or motivations in their own words. 

• Run a dual-track screening process

Even if your workflow now uses AI, include a human review to balance your process. Create checkpoints where people – not algorithms – make the call on nuance, non-linear paths, or unique strengths. 

• Reward potential internally, as well

The need to fill positions doesn’t always mean you have to hire new talent. It’s equally an opportunity for you to recognise the value of your existing employees whose résumés may have changed in ways that might not show up. Promote on trajectory, not tenure alone. 

When your hiring process is built to hear people – not just sort them – you get better candidates and you build a better culture.

 

Try this: Next time you’re hiring for an operations or coordination role, you could skip the degree requirement and drop the “5+ years in corporate environments”.  Instead ask for real-world experiences: “Have you improved a process, managed competing priorities, or worked across teams – paid or unpaid?” You might hear from a candidate who has led logistics at a community food bank or organised national events as a volunteer.  Not traditional experience – but high-impact all the same.  The results may surprise you.

 

The Resume is a Starting Point – Not a Verdict

Hiring isn’t just about filling a role. It’s about shaping the workplace you want to build and grow. 

If you continue to prioritise clean career paths, polished formatting, and keyword-perfect application, you’ll keep hiring the same kinds of people – and wonder why your teams lack perspective, fresh ideas or resilience. 

The truth is, the best candidates don’t often tick every box. 

They’ve taken detours. Started over. Built skills outside the system. 

They’ve learned from life – not just from jobs. 

So ask yourself:

| Are we hiring for pedigree, or for potential?

| Are we screening for sameness, or searching for substance?

Because when you choose: 

• curiosity over criteria, 

• potential over polish,

• depth over data points

you build a workplace that’s smarter, stronger and more human.  

 

To learn more about how Blue Kite can help to make your interviewing process more meaningful, get in touch with Catie Paterson Blue Kite  today. 

Why workpalce mental health must include lived experience, not just policies. 

Mental health support isn’t a one-size-fits-all. Here’s how to recognise and reduce the invisible load many employees carry every day. 

 

What We Don’t See Still Hurts

Workplace mental health is finally getting the attention it deserves. But not all experiences of stress, burnout, or emotional strain are the same – especially for those carrying an invisible load.

 

For many underrepresented employees, mental health at work isn’t just about deadlines, workloads or performance pressure. It’s about navigating daily experiences of exclusion, microaggressions, and being the “only one” in the room. The moments may often be subtle – but over time, they add up. And they take a toll. 

 

We talk about creating inclusive workplaces. We talk about supporting employee wellbeing. But too often, these conversations happen in silos. Inclusion and mental health are still treated as separate priorities – when in reality, they’re deeply connected. 

 

If you want to build a truly psychologically safe and equitable organisation, you need to understand the invisible barriers that affect the mental health of underrepresented employees. 

 

Reading through this article, you will understand:

• How identity and wellbeing intersect at work
• The emotional labour many carry in predominantly white or male spaces
• Why traditional mental health support often misses the mark for minority groups
• What leaders, HR and DEI teams can do to create real change

Because the burden isn’t shared equally – but the responsibility to chnage things should be. 

 

Identity and Mental Health Are Deeply Interwined

Mental health isn’t experienced in a vacuum. It’s shaped by culture, environment, and – crucially – identity. 

 

In Australian workplaces, that identity might mean being the only First Nations employee in a team. It might also mean being a culturally and linguistically diverse (CALD) worker, navigating conversations and systems that don’t reflect your background or lived experience. Or it could mean being a queer employee in a workplace where “fitting in” often defaults to heteronormative assumptions.

 

Each of these identities carry what psychologists call “minority stress”: the chronic pressure of navigating a workplace where you may be different, visible, and expected to self-monitor at all times. 

 

Underrepresented employes – including First Nations peoples, culturally and linguistically diverse workers, and those from the LGBTQIA+ community – often face barriers to mental health support. 

 

For some, it’s the feeling that mainstream services weren’t built with them in mind. For others, it’s the subtle but exhausting task of code-switching or being left out of informal conversations. Even accessing help can be a challenge. For example, only 12% of government-funded mental health websites in Australia offer information in languages other than English. 

 

And then there’s stigma. In many communities, mental health is still treated as something to be kept quiet. Something that signals weakness. Something that might cost you credibility or connection. So people stay silent – not because they’re coping, but because they’ve learned it’s safer that way. 

 

But the invisible strain doesn’t just stay inside. It shows up in performance, in engagement, in energy. And the more someone feels like they have to ‘edit’ themselves just to get through the day, the more it drains their mental health. 

What it Takes to Show Up when You Stand Out 

When you constantly have to filter how you speak, dress, or react – just to fit in – it’s more than uncomfortable. It. Is. Exhausting.

 

And for many underrepresented employees, this filtering happens all day, every day. 

 

They’re not just thinking about the work. They’re managing how they’re perceived. Checking that a comment won’t confirm a stereotype. Deciding if today is a “safe” day to bring their full self to the team meeting. Wondering whether that joke at lunchtime was harmless or a warning sign. It’s all part of what’s called emotional labour – and it’s rarely recognised, let alone supported. 

 

For example:

A woman of colour in a male-dominated tech team prepares for a client meeting. She’s not just rehearsing the project details – she’s anticipating how to present authority without being seen as aggressive. She’s planning her tone, her word choice, and even how much eye contact to make.

 

All of that is emotional labour. And it’s being done and felt even before the meeting starts. 

 

Or, consider a First Nations employee expected to weigh in during National Aboriginal and Islanders Day Observance Committee (NAIDOC) Week planning. 

The assumption? They’ll represent the entire culture.

The reality? They may feel conflicted, exposed, or tokenised – but they also struggle to express themselves or say no. Because saying no might be misunderstood. 

 

This kind of labour – navigating identity dynamics on top of job performance – is mentally and emotionally taxing. And because it often goes unseen, the pressure can quietly compound over time. 

 

The true cost:

• Energy and focus, especially in high-stakes or group settings
• Confidence to speak up, question, or challenge decisions
• A sense of authenticity – feeling known, not just present 
• Long-term retention: because when culture feels like work, people eventually walk

 

Too often, workplaces value “cultural fit” without examining the culture people are being asked to fit into. 

 

That’s not inclusion. It’s assimilation.

And it leaves many employees quietly wondering:

| What does it really cost to show up every day – as yourself – in a place that still expects you to blend in?

 

Microagrressions, Exclusion and the Daily Toll

Not every harm at work comes with raised voices or bold gestures. 

 

Sometimes, it’s a joke that lands wrong but no one corrects. 

Sometimes, it’s being consistently talked over in meetings. 

Sometimes, it’s being left off the invite list – or always having to educate others on “diversity things”.

 

These are microaggressions: subtle, often unintentional slights or dismissals based on someone’s identity. And while each moment might seem small, their impact over time is anything but. 

 

Here are just a few examples of how microaggressions show up in everyday conversations:

“You speak English so well!”

“You’re so articulate – for someone your age.”

“I don’t see colour – I just see people.”

“Let’s not get political in this meeting.” (when a staff member discusses a lived experience)

 

None of these comments are inherently violent. But when heard repeatedly, they reinforce a message: You’re not really one of us. And that message doesn’t just bruise, it isolates. 

 

Employees on the receiving end of these, sometimes, daily slights often learn to brace themselves before walking into a room. To anticipate discomfort. To spend extra energy managing the environment instead of focussing on their work. 

 

That’s not resilience. Its survival.

And exclusion is not limited to just words that are spoken. It also shows up in:

• Being left out of key projects or social gatherings
• Not being offered the same mentorship or challenging, visibility-building opportunities
• Feeling invisible during celebrations, or hyper-visible during cultural “moments”

 

What’s most harmful about exclusion is that it can be so easy to deny. It’s soft around the edges. You can’t always point to a policy or a moment and say: Here’s where I was made to feel like I didn’t belong. 

 

But over time, the result is loud:

• Disengagement 
• Mental and emotional withdrawal
• High turnover, especially among early-career professionals from marginalised backgrounds.

 

When people feel excluded:

• they don’t speak up
• they don’t innovate
• they don’t stay.

 

And no wellbeing strategy can be successful if the work culture keeps people in quiet defence mode. 

 

What Inclusive Mental Health Support Actually Looks Like to avoid

Mental health support is only effective when people feel safe enough to use it. 

 

Too often, organisations tick the box with an Employee Assistance Programme (EAP) and assume that’s enough. But for many underrepresented employees, accessing that support isn’t so simple. 

 

Maybe they’ve had past experiences where “confidential” didn’t feel confidential.

Maybe the counsellor didn’t understand their cultural background, their family expectations, or the kind of workplace pressure they’re under. 

Maybe they just don’t want to explain racism, homophobia, or class anxiety before they can even start getting help. 

 

Inclusive support means recognissong these barriers – and designing for them. 

Here’s what that looks like in practice:

 

Culturally competent care: Mental health professionals who understand, or are trained in, the unique stressors tied to identity – whether that’s racial trauma, intergenerational pressure, or navigating bias at work. Ideally, employees should have the option to choose a practitioner who shares or understands their lived experience. 

 

Peer support and affinity spaces: Sometimes, the most powerful support isn’t formal. It’s a space to exhale amongst people who just get it. Peer groups – whether organised by culture, gender, or shared experience – can reduce isolation and offer an informal circuit-breaker when things get heavy. 

Normalising mental health conversations: Train those in positions of power and with the ability to influence other employees to talk about mental health. Not just during an “R U OK? Day”, but regularly and openly. This signals that vulnerability won’t be punished. When a team hears their manager say, “I’ve had days when I wasn’t okay”, it shifts what’s considered acceptable. 

Making support part of the culture – not just the crisis plan: Too often, support only kicks in after an employee is burnt out, breaking down, or leaving. Inclusive mental health care means making wellbeing an intrinsic part of policies, team rhythms, onboarding, and how managers lead – so no one has to hit a breaking point before help appears. 

 

Because when people feel safe being seen, they’re far more likely to seek support before they’re overwhelmed. 

 

 

What Leaders and Businesses Can Do Differently

The invisible load isn’t something you can measure in KPIs. But it shows up – loudly – in turnover, burnout and disengagement. 

 

And while the burden often falls on individuals, the responsibility for change sits squarely with organisations. 

 

So, beyond good intentions, what can leaders, HR and DEI teams do?

 

Start by listening – genuinely

Move past the survey and into real, ongoing conversations. Not just with “safe” voices, but with employees whose experiences may challenge the dominant narrative. Create multiple, accessible channels for feedback, and act on what you hear.

 

Rethink your policies; make them inclusive

Who do your policies protect? Who do they exclude? Flexible work, bereavement leave, cultural calendar recognition aren’t perks. Rather think of them as signals of whose lives are valued. Involve underrepresented voices in shaping policy, not just reviewing it after the fact. 

 

Make inclusion part of how you lead

While it’s important to train leaders on compliance, they also need training on empathy, bias awareness, and how to create psychologically safe teams. If someone’s managing people, they’re automatically managing mental health – whether they realise it or not. 

 

Audit your systems for hidden inequities

Are the same employees being chosen for growth opportunities or career-building assignments? Are promotion panels diverse? Are exit interviews bringing up cultural safety concerns?

Systems shape experience. Review them as rigorously as you would any business process. 

 

Don’t wait for culture to fix itself – model it

Culture isn’t what’s written on your values wall. It’s what people feel safe saying (or not saying) in a team meeting. It’s how often those in positions of leadership and responsibility say “I don’t know”, or “Thank you for sharing that”. Inclusion is built in the micro-moments.

 

Because when we reduce the hidden cost of showing up, we increase the chance that people will stay, grow, and thrive – exactly as they are. 

 

You Can’t Fix What You Don’t Acknowledge

If someone tells you they feel invisible at work, believe them. 

 

If someone tells you they feel exhausted from being “the only one” in the room, listen.

 

Because the invisible load isn’t just about identity – it’s about impact. And ignoring it doesn’t make it go away. On the contrary, it becomes almost impossible for people to stay. 

 

This work – building truly inclusive, mentally healthy workplaces – isn’t quick, and it’s definitely not comfortable. It asks for humility. It asks for curiosity. And most of all, it asks for consistency. 

 

But here’s what’s also true: it makes your workplace stronger. More creative. More trustworthy. More human. 

 

So start the conversations. Listen. Keep them going.  

Challenge what’s “normal”.

Reevaluate what “safe” means. 

Make space where silence used to be. 

 

Because when people feel safe being seen, they don’t just survive at work – they lead, they thrive, and they help others rise too. 

 

To learn more about how Blue Kite can help to make mental health conversations happen everday in the workpalce  get in touch with Catie Paterson Blue Kite  today.