Just a reminder that from 26 August 2026, two important workplace changes come into effect for employees of small businesses (those with fewer than 15 employees):
The Right to Disconnect
Employees now have the right to refuse to monitor, read, or respond to work-related contact (or attempted contact) outside their normal working hours — unless refusing would be unreasonable. This includes contact from an employer or even a client.
Whether a refusal is considered “unreasonable” will depend on the circumstances, taking into account factors such as:
This right was introduced as part of the Closing Loopholes reforms to the Fair Work Act and has applied to larger businesses (15+ employees) since August last year.
Casual Conversion – Employee Choice Pathway
Also beginning 26 August 2025, is the new pathway for casual employees to request conversion to permanent employment. This gives casual staff greater choice and security in their employment arrangements.
The ‘employee choice pathway’ to full-time or part-time (permanent) employment is now available to eligible casuals employed by small businesses. Eligible casuals of small business employers can notify their employer in writing of their intention to change to permanent employment if they have been employed for at least 12 months and believe they no longer meet the requirements of the casual employee definition.
An employer may only refuse the change to permanent employment if the employee still meets the definition of a casual, there are fair and reasonable operational grounds for not accepting the notification, or accepting the change would mean the employer won’t comply with a recruitment or selection process required by law.
These changes mean small business employers and employees should start conversations now about expectations around out-of-hours contact and casual-to-permanent pathways.
Need advice now?
If you are a South Australian Business Chamber member, contact our Business Advice Hotline on (08) 8300 0000 (select option 1). Our Business Advice Hotline is only a phone call away and can provide you with advice on any questions you may have, call us on (08) 8300 0000 (select option 1).
Our Workplace Consultants, who are experts in industrial relations, workers compensation and WHS, can assist you with support or representation you may need. Contact them today through our Business Advice Hotline.
