Greatest Good August 2024 Regulatory Update
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), as well as the classification of casual employees (including a new 'employee choice process', which will replace the existing casual conversion process).
- New minimum standards and protections for 'employee-like' digital platform workers in the gig economy.
The right to disconnect
The right to disconnect will be included in all Awards, as well as a workplace right under general protection laws. These laws are protected rights all employees receive under the Fair Work Act.
What is the 'right'?
The new 'right to disconnect' means that eligible employees will have the right to refuse contact outside of working hours, unless that refusal is unreasonable. This means an employee can refuse to monitor, read or respond to contact from an employer or a third party.
This change starts on:
- 26 August 2024 for non-small business employers
- 26 August 2025 for small business employers.
Victorian Parliament enquiry into workplace surveillance laws
A Victorian Parliamentary enquiry in examining matters relating to work place surveillance, such as the effectiveness of current privacy and workplace laws when it comes to employee workplace surveillance. The enquiry is also considering best practice workplace surveillance regulation and privacy protections from other jurisdictions.
At present, the Surveillance Devices Act 1999 (Vic) regulates the use of various devices such as listening devices, cameras and other tracking devices. It contains prohibitions that specifically apply to employers, but the legislation was developed well before the widespread use of the Internet and other digital applications, so fall short in addressing the challenges currently presented by digital transformation of the workplace, including data security risks and increasing use of artificial intelligence.
Submissions to this enquiry have closed, with the next steps being public hearings to commence before the Legislative Assembly Economy and Infrastructure Committee before it reports back to Parliament in May 2025.
New Victorian social services regulator
A new social services regulatory scheme commenced on 1 July 2024. The new Victorian Social Services Regulator has issued guidance and educatiion materials on the new Social Services Standards.
The Social Services Regulator is an independent statutory authority established under the Social Services Regulation Act 2021 (Vic) (SSR Act).
The Act establishes a new framework for social services regulation in Victoria. It begins on 1 July 2024.
The initiatives in the SSR Act will:
- support the safe delivery of social services
- ensure social service providers understand their role in protecting the rights of social service users
- define roles and responsibilities of social service providers
- give the new regulator monitoring and enforcement powers, so it can respond to risks of harm
- improve information sharing between regulators so they can identify and respond to any risks of harm to service users.
The new system will mean Victorian social service providers will have:
- streamlined registration and reporting requirements
- a common set of social service standards
- a single independent regulator.
The Social Services Regulator will replace the current Human Services Regulator.
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.
