Major IR Changes coming down the pipeline in just under Three months

We are approaching the 26th of August 2024 when a number of the recent IR legislative changes become operative.

The changes include:

• Limitations on Fixed-Term Employment.

• Casual employee conversion to Permanent entitlements.

• Increased Union  delegates rights.

• Lastly the “right to disconnect to connect” for employees in organisations with more than 20 employees.

1) The Right to Disconnect 

Certain types of employees will have the right to disconnect unless it would be unreasonable to do so.

Suggested Actions

• Educate your people leaders on the effect of this change – keep it in proportion.

• Identify employees who have the right to disconnect.  If any of these employees would need to be contacted by the business or by a third party ensure you have arrangements in place i.e. an on-call allowance.

As per the post from April, this one is somewhat hyped. If an employee believes they have the right to disconnect and the employer or third parties are not adhering to this right, they can apply to the FWC for Stop-Connecting orders after utilising the normal internal grievance procedures.

2) Delegates' Rights Enhanced

The changes to the FWA will enhance delegates' rights. The FWC needs to update the terms of the modern award with these increased rights. These are now in draft form, and submissions are being made by the key parties.

Suggested Actions (if you have union delegates)

• Understand the number of delegates you have and who they are.

• Understand what support you currently provide to delegates to carry out their role.

• What the new entitlements will be and what is the gap between current and future entitlements.

3) Casual Conversion Changes 

Casual employees are entitled to request to be converted to permanent employment if they meet the appropriate criteria. The good news in this area is that they don’t automatically morph into permanent employment.

Suggested Actions

•  Ensure you're ready to provide the correct forms to casual employees that outline their rights around conversion to permanent.

•  Ensure that your operational practices treat them as true casuals i.e. no guarantee of work, they don’t have to accept the offer of work.

4) Fixed Term Employees Changes

Fixed-term employees will automatically convert to permanent employees in certain circumstances. The situation where they will convert include where they are on a contract in excess of 2 years or they have two or more fixed-term contracts.

Suggested Actions

• You need to provide the appropriate forms that cover off their rights. 

• Ensure your recruitment practices are updated for FT contracts.

*Note: There are a number of exemptions i.e. the fixed term contract is for an employee with a specific skill or piece of work.