Do you know your employees 'right to disconnect'?

South Australian Business News  •  Industrial Relations
Elisa Luck
Tuesday, June 18th 2024
Do not disturb

As part of the new Closing the Loopholes Laws, there are upcoming changes that take effect on 26 August 2024. These changes are important and could impact your business, so to make sure you are prepared or these changes register here for our Industrial Relations Webinar on 20 June 2024. 

They include changes to casual employment and the right to disconnect for eligible employees (this doesn’t apply to small businesses until 26 August 2025). 

Eligible employees will have a new right to disconnect’ outside of work hours. Employees will have the right to refuse contact outside their 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. The right also covers attempted contact outside of an employee’s working hours.

Under the Fair Work Act, a new definition of casual employee’ will be introduced. Which will mean, an employee is only a casual if:

  • there isn’t a firm advance commitment to continuing and indefinite work, taking into account a number of factors, including the real substance, practical reality and true nature of the employment relationship
  • they’re entitled to receive a casual loading or specific casual pay rate.

Employees who start as a casual, will stay casual until their employment status changes either through:

  • a conversion process or Fair Work Commission order, or
  • accepting an alternative employment offer and starting work on that basis.

If you need advice, South Australian Business Chamber Members can call our Business Advice Hotline on 8300 0000 (select option 1).

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