Fair Work Act changes
The following amendments will take effect in the Fair Work Act 2009 (Cth) from 26 August 2024:
- A 'right to disconnect', where an employee can refuse to respond to contact (or attempted contact) from their employer or others outside of the employee's working hours unless the refusal is unreasonable (see additional information below).
- A new definition of 'employee' and 'employer' which is to be determined by 'the real substance, practical reality and true nature of the employment relationship', considering a range of factors.
- Casual employment changes, including the requirement to provide casual workers with a Casual Employment Information Statement.
- Changes to the new definition of employment will also have a range of implications for independent contractors (and the new opt-out mechanism).
- New minimum standards and protections for 'employee-like' digital platform workers in the gig economy.
Disclaimer: This does not purport to be comprehensive or to render legal advice. You should not act based on any information contained in this publication without first obtaining specific professional advice. Consult your legal advisor to determine if this applies to you.
