On 11 July 2024 the Fair Work Commission (FWC) published Variation of modern awards to include a right to disconnect term.
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (Closing Loopholes No. 2 Act) introduces a ‘right to disconnect’ term for modern awards effective from 26 August 2024.
The commencement date for small business employers is 26 August 2025.
The FWC has developed a draft ‘Employee right to disconnect’ term: see Attachment A to the Statement of President Hatcher of the Fair Work Commission: Variation of modern awards to include a right to disconnect term [2024] FWC 1818. The Statement notes:
- Interested parties may make applications after 26 August 2024 to vary the right to disconnect term in individual modern awards to address the specific circumstances of particular industries and occupations.
- The FWC considers that it will be in a better position to make guidelines concerning the right to disconnect once it has dealt with at least some disputes concerning the operation of the right, since this will allow it to have some understanding of the practical issues for which guidance may be required.
- Final determinations varying modern awards will be published by 23 August 2024. The determinations will commence operation on 26 August 2024 for employers other than small business employers, and on 26 August 2025 for small business employers.
Are you an employer or employee needing assistance in understanding changes to modern awards?
Our employment lawyers can assist you navigate important updates and changes. Please reach out to our employment lawyers for specific advice. Call us today on 1300 862 529, or email your enquiry via the contact us link, to arrange an initial consultation. We look forward to meeting with you.
This update was written by Fran Keyes, Practice leader (Employment & Discrimination Law).
