Fair work issues; the right to disconnect

Here is a copy of a bulletin issued by the Fair Work Commission today which contains a statement by the President of the Commission  about the approach which will at first instance be taken by the  Commission to deal with the rights of employees to disconnect from their workplaces  which are required to be inserted into all modern awards by 26 August 2024 as a result of the “Closing of the Loopholes” legislation of the Australian Parliament.

Right to disconnect draft modern award term published

Our President, Justice Hatcher has issued a statement. The statement sets out a draft right to disconnect modern award term.

We are required to insert a right to disconnect term into all modern awards by 26 August 2024. These requirements are due to changes arising from the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.

The draft term was prepared following a public consultation and submissions process. This process was conducted by a Full Bench in May and June this year. Publication of the draft term is in accordance with the timetable in Justice Hatcher’s 26 March 2024 Statement.

Written guidelines

We are also required to make written guidelines about the operation of the right to disconnect. There is no legislative deadline for the making of the guidelines. The President’s statement says he considers that we will be in a better position to make the guidelines after the Commission has dealt with some disputes concerning the operation of the right. In these circumstances it is not our intention to make the guidelines prior to 26 August 2024.

Feedback and comments

Interested parties are invited to comment on the draft term and the view on the guidelines by 12 noon (AEST) on Thursday, 1 August 2024. Comments should be emailed to us at awards@fwc.gov.au and will be published on our website.



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