Are Australia’s New Workplace Laws Built on Distrust of Small Business Owners?
Following a very successful Small Business Summit (kudos to the Small Business Association of Australia), we have compiled a series of articles that highlight the questions and suggested answers from the discussion we contributed to. We hope these articles stir something within every reader so they contact their local Federal MP and ask why no action is being taken.
A new wave of rules, and a new kind of suspicion
In the last 18 months, Australia has seen one of the most intense periods of workplace law reform in decades. Right to disconnect, criminalisation of wage theft, psychosocial hazard codes, a positive duty to prevent sexual harassment, and wide-reaching Closing Loopholes reforms have all emerged or taken effect in quick succession.
The stated aim is to close gaps, protect vulnerable workers and create a level playing field. Those goals matter. No serious small business owner argues for harassment, exploitation or unsafe work.
Yet when you listen carefully to how owners describe their daily reality, a confronting theme appears. The regulatory burden on Australian small businesses is now so heavy and detailed that many feel they are treated as if they are inherently dishonest, dodgy or incapable. It feels less like a partnership and more like control.
That feeling is not just about paperwork. It is about what these changes imply. Do lawmakers still trust local owners to act in good faith, or do they see every small enterprise as a loophole waiting to be “closed”?
What has changed in the past 18 months?
To understand why the regulatory burden on Australian small businesses feels so different, you have to look at the combined effect of the key reforms, not just each law in isolation.
Closing Loopholes and the Expanding Rulebook
The Fair Work Legislation Amendment, known as the Closing Loopholes package, has rolled out in stages since late 2023. It covers casual employment, labour hire, gig work, wage compliance, union delegate rights and more. Government material describes it as targeted and balanced. Business groups and independent analysts describe it as far-reaching and complex.
For a micro or small business without in-house HR or legal teams, the message is simple. Carefully rework casual contracts, confirm who is really an “employee”, watch new penalties, prepare for stronger union delegate rights and understand when wage mistakes cross the line into serious contraventions.
Each of these issues might be manageable on its own. Together, they push the regulatory burden on Australian small businesses to a level that feels more like big-company compliance, without the big-company resources.
It is reasonable to ask whether this is precision repair work or a steady move toward tighter central control of the employment relationship.
Right to disconnect and the presumption of bad behaviour
The right to disconnect laws are another example. Larger employers are already covered. Small business employers join them from August 2025. Employees will be able to refuse unreasonable contact outside working hours without fear of penalty, and disputes can end up in the Fair Work Commission.
Most small owners already try to respect time boundaries. Many work side by side with their teams. Legitimate concerns about unpaid overtime and always-on culture are real, particularly in some sectors.
The question is whether a formal, enforceable right was the best answer for micro and small firms, or whether it reflects a deeper assumption that employers cannot be trusted to act like adults unless the law threatens them. Once again, the regulatory burden on Australian small businesses jumps, with policies, contract updates, dispute processes and possible penalties.
When you frame every after-hours text as a legal risk, you do not just change behaviour; you create a legal risk. You send a signal about how the government sees the relationship between owners and staff.
Wage theft criminalisation and the shadow of intent
From 1 January 2025, intentional underpayment of wages becomes a criminal offence under federal law. Severe cases can involve hefty fines and potential jail terms. The target is clear. No one defends deliberate exploitation.
Yet the boundary between complex award mistakes and “intentional” underpayment is not always simple. Many small owners already struggle with award interpretation. They rely on software and advice that can become outdated within months.
The shift to criminal penalties sends a strong, deliberate message. It tells the community that the risk of non-compliance is serious and that some employers have crossed a moral line. The risk is that small owners, who are already trying to do the right thing, feel that the regulatory burden on Australian small businesses assumes they are lying unless they prove otherwise.
You can support fair pay while still questioning whether the tools chosen align with microenterprises’ risk profile and capacity.
Psychosocial hazards and the rise of paperwork as proof
New national and state psychosocial hazard codes mean employers must actively identify, assess and control risks to psychological health, not just physical safety. The model Code of Practice and state-based codes provide detailed expectations and examples.
Many small firms welcome a stronger focus on mental health. They know that burnout, bullying and unreasonable workloads cause real harm. At the same time, the practical effect is more surveys, more risk registers, more consultation records and more documented plans.
For micro teams, the regulatory burden on Australian small businesses can feel oddly out of scale. A five-person consulting firm, where people sit within metres of each other, is being asked to produce documentation that looks more like a large government department. Owners are left wondering whether a system built for complexity has been pushed down the size ladder without real adjustment.
Positive duty and the language of suspicion
The positive duty in the Sex Discrimination Act requires every business, of every size, to take reasonable and proportionate measures to eliminate sexual harassment, sex based harassment and related conduct, as far as possible. The Human Rights Commission treats this as a proactive obligation, with expectations around policies, training, leadership and reporting.
Again, the underlying goal is widely supported. Most owners want respectful workplaces. However, when combined with other changes, this duty reinforces the narrative that every workplace is likely to be a site of serious misconduct unless proven otherwise.
Small owners often feel they are being lectured rather than partnered. They see the regulatory burden on Australian small businesses expand to include formal investigation processes, training logs and documented risk assessments, even where their teams are tiny. The intention might be protection. The lived experience can feel like a presumption.
Are honest owners being treated as if they are the problem?
When you pull all these threads together, a deeper question emerges.
Is the regulatory burden on Australian small businesses a necessary side effect of improving workplace standards, or is it a sign that policymakers quietly assume small owners cannot be trusted?
The tone of many reforms hints at the latter. Criminal language around wage theft. Formal dispute rights for after-hours contact. Strong enforcement powers around harassment and psychosocial risk. Expanded access and rights for union delegates. These all address real issues, but they also treat regulations as the primary tool for cultural change.
The risk is that good-faith operators are caught in the crossfire. Instead of focusing on clients, innovation, and staff development, they spend nights trying to interpret new obligations written with large enterprises in mind. Over time, the regulatory burden on Australian small businesses begins to look less like a safety net and more like a subtle accusation.
Who is really shaping these reforms?
This leads to a politically sensitive, but essential question. Who is driving the shape and pace of these changes?
Unions have strongly backed the Closing Loopholes package and related reforms. Public statements celebrate new rights for labour-hire workers, casuals, gig workers, and workplace delegates. They frame the laws as overdue corrections that limit business flexibility but increase fairness.
Employer groups tell a different story. They warn of sweeping regulation, increased union power, and long-term harm to productivity and investment. Independent think tanks argue that some measures will close opportunities and loopholes.
Small business sits awkwardly between these narratives. It is rarely the villain in union campaigns focused on multinational labour-hire firms. It is also infrequently the intended beneficiary of union bargaining power. In many cases, micro and small firms are caught under the same net as large corporates, without the resources to cope.
Seen from that angle, the regulatory burden on Australian small businesses can look less like a targeted response to genuine risk and more like collateral damage in a larger contest between big business, unions and government.
Control, trust and the missing belief in small business
There is a deeper cultural issue at stake.
When government and unions design more detailed rules, they may believe they are addressing the worst behaviour at the margins. Yet the message that reaches small owners is different. It suggests that systems, and those who run them, are trusted more than individual judgment. It encourages workers to view formal complaints and external mechanisms as the primary means of resolving many issues.
Small businesses thrive on relationships, reputation, and personal trust. The regulatory burden on Australian small businesses can unintentionally undermine that trust by inserting formal processes between people who once solved problems face-to-face.
This does not mean scrapping hard-won protections. It does mean asking whether every problem should be answered with more regulation, or whether some issues are better addressed through education, incentives and practical support.
Economic uncertainty and the cost of getting this wrong
The timing of these reforms matters. Globally, uncertainty is high. Supply chains remain fragile. Geopolitical risks are elevated. Interest rates have risen, and many households feel cost-of-living pressure.
In that environment, most economists agree that private investment and job creation are crucial. In Australia, small businesses account for a large share of private sector employment and are often the first to hire when conditions improve.
Yet at the very moment their energy and risk appetite are most needed, the regulatory burden on Australian small businesses has surged. Owners are now expected to be compliance experts while they fight to survive.
Surveys by major business groups show the impact. In 2024, almost half of small business owners reported considering shutting down in the previous year, with red tape and regulatory complexity cited as key pressures.
If the barometer for a strong community is strong small businesses, these are worrying signals.
Small business, employment and community safety
There is another dimension that receives less attention in workplace debates.
Research in criminology has repeatedly found a strong inverse relationship between employment and crime at the individual level. When people have access to stable, legal work, rates of offending tend to fall.
Small businesses are often where that first chance appears. They hire apprentices, school leavers and people returning to work. They give opportunities that big corporations might see as too risky.
When the regulatory burden on Australian small businesses becomes too heavy, owners hire fewer staff or delay replacing them. Over time, that can translate into fewer legitimate jobs, especially in regional and outer suburban communities. The link is not automatic or straightforward, but policymakers who care about serious crime cannot ignore the connection between broad employment and social stability.
Where small businesses thrive, there is more local employment. Where local employment grows, there is usually less desperation. When desperation falls, the conditions that drive many serious crimes weaken. It is at least reasonable to ask whether increasing compliance pressure on micro employers may, unintentionally, make long-term crime prevention harder.
Is the government creating its own problems?
When you look at the broader picture, another question emerges.
By dramatically increasing the regulatory burden on Australian small businesses in a short period, is the government solving problems, or quietly creating new ones?
If owners close or stop hiring, unemployment rises. If unemployment increases, demand for government support and policing rises. If communities see main streets full of empty shops, trust in institutions falls. The initial intent may have been protection. The long-term effects could include higher welfare costs, weaker local economies, and greater social tension.
This is not an argument for a free-for-all. It is a call for proportionality and for genuine partnership. Regulation should protect people from genuine harm. It should not suffocate the operators who create jobs, train young people and keep local economies alive.
A political question that will not go away
Elections are rarely won on a single issue. Even so, the way the government handles the regulatory burden on Australian small businesses may become a quiet deciding factor in the next cycle.
Small business owners vote. Their staff and families vote. Suppliers and communities that depend on their success also vote. When nearly half of them say they have considered closing in the past year, that is more than a statistical detail. It is a dashboard warning light.
If owners conclude that the government does not understand their reality, or worse, does not trust them, frustration can harden into political momentum. On the other hand, if the government can show that it values small enterprises, simplifies compliance and creates space for growth, that momentum can shift.
The choice is not between workers and small businesses. It is between a regulatory model that treats honest operators as partners and one that treats them as potential offenders to be closely managed.
What can small business owners do in the meantime?
While the larger debate plays out, owners still have to meet the rules that exist today. SBAAS works with operators across industries who feel exactly this pressure, and several practical steps are proving effective.
First, map which reforms really apply to you. The regulatory burden on Australian small businesses often feels bigger than it is because owners assume every headline affects them. A brief review of your structure, headcount, and sectors can remove obligations that do not apply.
Second, simplify and integrate your approach. Instead of separate projects for right to disconnect, psychosocial hazards and the positive duty, create one compact people and safety framework. Use plain-language policies, short training sessions, and simple checklists. The goal is a practical system that your team actually uses.
Third, focus on culture and communication, not only documentation. The regulatory burden on Australian small businesses is easier to manage when everyday behaviour matches your written policies. That reduces the risk of disputes and investigations by addressing issues early and respectfully.
Finally, seek advice before crises emerge. It is cheaper and less stressful to design a lean compliance approach now than to rebuild everything after a complaint, investigation or claim. Good advice should help you meet genuine obligations while actively pushing back against unnecessary complexity.
Standing with small business when it counts
At SBAAS, we believe small business is not the problem to be controlled. Small business is the backbone of the Australian economy and the heart of many communities.
We see every day how the regulatory burden on Australian small businesses adds pressure to already demanding roles. We also see how much owners care about doing the right thing for their people, clients and communities.
The real test for policymakers in the next few years will be whether they can maintain essential protections while restoring a measure of trust and respect for the people who take risks, create jobs and keep local economies moving.
If you want help to cut through this complexity, you can book a conversation with SBAAS to discuss your specific situation, or learn more about who we are and how we support business owners across Australia by visiting our About Us page.
Sources
- Closing Loopholes – Fair Work Legislation Amendment overview, Fair Work Ombudsman, https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes
- Closing Loopholes – Timeline of changes, Fair Work Ombudsman, https://www.fairwork.gov.au/sites/default/files/2024-02/additional-closing-loopholes-timeline-and-snapshot.pdf
- Closing Loopholes delivering good outcomes in Australian workplaces, Department of Employment and Workplace Relations (Minister’s media release), https://ministers.dewr.gov.au/rishworth/closing-loopholes-delivering-good-outcomes-australian-workplaces
- Closing Loopholes reforms: Overview of key changes, Corrs Chambers Westgarth, https://www.corrs.com.au/site-uploads/images/closing-loopholes-reforms-overview-of-key-changes.pdf
- Closing Loopholes – Fair Work Legislation Amendments, Sprintlaw, https://sprintlaw.com.au/articles/closing-loopholes-fair-work-legislation-amendments
- Closing Opportunities, Not Loopholes: A review of the proposed new ‘Closing Loopholes’ bill, The Centre for Independent Studies, https://www.cis.org.au/publication/closing-opportunities-not-loopholes
- Tied up in knots… Unpacking the Closing the Loopholes Amendment Bill, Ashurst, https://www.ashurst.com/en/insights/tied-up-in-knot-unpacking-the-closing-the-loopholes-amendment-bill
- Unions welcome review of Closing Loopholes workplace reforms, Australian Council of Trade Unions, https://www.actu.org.au/wp-content/uploads/2025/12/Unions-welcome-review-of-Closing-Loopholes-workplace-reforms-1.pdf
- Closing the Loopholes to empower workplace delegates, Australian Unions, https://www.australianunions.org.au/2023/11/17/closing-the-loopholes-to-empower-workplace-delegates
- Right to disconnect for small business employees starts 26 August, Fair Work Ombudsman, https://www.fairwork.gov.au/newsroom/news/right-to-disconnect-for-small-business-employees-starts-26-august
- Right to Disconnect: Guide for Small Business, PEAK / Council of Small Business Organisations Australia, https://smallbusinesspeak.org.au/wp-content/uploads/2025/08/PEAK-Right-to-Disconnect-Guide-for-Small-Business_v1.pdf
- The right to disconnect – How will it impact small businesses, MDC Legal, https://mdclegal.com.au/news/the-right-to-disconnect-how-will-it-impact-small-businesses
- How the Right to Disconnect affects small businesses, Aintree Group Legal, https://aintreelegal.com.au/insights/the-right-to-disconnect
- Criminalising wage underpayments and other issues, Fair Work Ombudsman, https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes/criminalising-wage-underpayments-and-other-issues
- New laws passed: Closing Loopholes Bill Part 1, Australian Unions, https://www.australianunions.org.au/2023/12/20/new-laws-passed
- Managing psychosocial hazards at work, Model Code of Practice, Safe Work Australia, https://www.safeworkaustralia.gov.au/doc/model-code-practice-managing-psychosocial-hazards-work
- Psychosocial hazards, Comcare, https://www.comcare.gov.au/safe-healthy-work/prevent-harm/psychosocial-hazards
- Small business communications kit, Managing the risk of psychosocial hazards at work, Code of Practice 2022, WorkSafe Queensland, https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0016/114145/small-business-communications-kit-Managing-the-risk-of-psychosocial-hazards-at-work.pdf
- Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024, Federal Register of Legislation, https://www.legislation.gov.au/F2024L01380
- Positive duty in the Sex Discrimination Act, Australian Human Rights Commission, https://humanrights.gov.au/know-your-rights/rights-of-individuals/workplace-rights/positive-duty-sex-discrimination-act
- Positive duty guidance materials for organisations and businesses, Australian Human Rights Commission, https://humanrights.gov.au/resource-hub/resources-for-organisations-businesses/guidance-materials
- Employers have a legal obligation to prevent staff from experiencing sex discrimination and sexual harassment: Positive duty fact sheet, Women’s Health BSW, https://womenshealthbsw.org.au/wp-content/uploads/2025/08/Positive-Duty-Sex-Discrimination-Act.pdf
- Small business crisis: half consider closure, Australian Chamber of Commerce and Industry, https://acci.com.au/Web/Web/News/Articles/2024/Small-business-crisis.aspx
- Red tape ‘strangling’ small businesses, Accounting Times, https://www.accountingtimes.com.au/profession/red-tape-strangling-small-businesses-acci
- Half of small businesses considered closure: ACCI, Victorian Chamber of Commerce and Industry, https://www.victorianchamber.com.au/news/half-of-small-businesses-considered-closure-acci
- ACCI survey: small business closing due to cost and red tape, SmartCompany, https://www.smartcompany.com.au/finance/acci-survey-business-closing-cost-red-tape
- Employment and Crime, Criminal Justice IResearchNet, https://criminal-justice.iresearchnet.com/correlates-of-crime/employment-and-crime
- Unemployment and Crime: Toward Resolving the Paradox, Australian Institute of Criminology, https://www.aic.gov.au/sites/default/files/2020-05/50-89.pdf
- The relationship between job displacement and crime, Centre for Economic Policy Research (VoxEU), https://cepr.org/voxeu/columns/relationship-between-job-displacement-and-crime
Eric Allgood is the Managing Director of SBAAS and brings over two decades of experience in corporate guidance, with a focus on governance and risk, crisis management, industrial relations, and sustainability.
He founded SBAAS in 2019 to extend his corporate strategies to small businesses, quickly becoming a vital support. His background in IR, governance and risk management, combined with his crisis management skills, has enabled businesses to navigate challenges effectively.
Eric’s commitment to sustainability shapes his approach to fostering inclusive and ethical practices within organisations. His strategic acumen and dedication to sustainable growth have positioned SBAAS as a leader in supporting small businesses through integrity and resilience.
Qualifications:
- Master of Business Law
- MBA (USA)
- Graduate Certificate of Business Administration
- Graduate Certificate of Training and Development
- Diploma of Psychology (University of Warwickshire)
- Bachelor of Applied Management
Memberships:
- Small Business Association of Australia –
International Think Tank Member and Sponsor - Australian Institute of Company Directors – MAICD
- Institute of Community Directors Australia – ICDA
- Australian Human Resource Institute – CAHRI
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