Overview of Key Fair Work Changes operative from 26/8/24

Right to Disconnect

What doesn't Change

The "right to disconnect" does not prevent an employer or a third party from contacting an employee outside of their normal working hours. 

What Changes

The “right to disconnect” allows an employee to refuse to act on a request unless it is unreasonable.  

To determine the situations that are “unreasonable” for an employee not to act, the issue of Award coverage must be determined. Award Covered employees 

Awards will be updated to include provisions on the “right to disconnect.” The FWC is in the process of finalising the clause which will be ready by 23/8/24

The current Draft clause narrows the requirement for an employee to respond unless they are paid a standby allowance. 

Non - Award Covered employees.

A non- award employee is expected to respond in the following scenarios.

• The employee is a Senior Manager.

• The role, i.e., a Business Development manager would expect the need to action matters outside of normal hours.

• An employee receiving an on-call allowance.

Note: Operative date for small businesses for the Right to disconnect is 26th August 2025 Casual  Conversion to Permanent Employment

Key Changes

• No automatic conversion to permanent employment due to being incorrectly classified as their employment practices would deem them to permanent employee conditions.

• To maintain their status as casual employees, they must be treated as such. The tests include:
  

  - the absence of an advance commitment to ongoing work; and

  - they have the option of choosing not to work future hours, and future work hours are not guaranteed. 

  - a change to permanent employment will be through the formal casual conversions process. Casual Conversion Criteria

  If a Casual employee requests conversion to permanent employment they must:

  
  

  • have had six months of service (12 months for a small business), and 

  • believe they no longer meet the requirements of a Casual employee. 

  
  

  Process for Conversion

  If an employer receives a request for conversion, it must respond to the employee within 21 days by accepting the request or not agreeing to the request.

  
  

  If the request is refused they must provide written grounds. 

  
  

  An employee refused conversion may apply to the FWC for Conciliation and Arbitration of the matter.

Casual Employment Information Statements

A casual employment information statement must be provided as soon as practicable after they commence employment to understand their rights. A further copy must be provided six months after their commencement date and every 12 months after that.

*Note: If you are a small business employer, you only need to provide the statement at the commencement of employment.