Important reminder – changes to casual employment and the right to disconnect, 26 August 2024

We have previously summarised the recent changes to the Fair Work Act 2009 (Cth) (FW Act) in respect of casual employment and the right to disconnect via our Legal Alerts on 9 February 2024 and 9 April 2024.

This Legal Alert is intended to remind employers of the changes, most of which are effective today, 26 August 2024.

Casual Employment

From today:

• There is a new definition of casual employee (that being one where the employment relationship is characterised by an absence of a ‘firm advance commitment to continuing and indefinite work’ and the employee is entitled to a casual loading or a specific rate of pay for casual employees);
• There is a new ‘employee-choice’ pathway for casual conversion, replacing the previous version which created obligations on employers;
• There are new protections for casual workers (making it unlawful for employers to dismiss an employee to engage them as a casual and knowingly make false representations in relation to casual employment); and
• There is a new version of the Casual Employment Information Statement (CEIS).

Employers must provide the CEIS to new casual employees before they commence employment (or as soon as possible after) and again after:

• For non-small business employers (those with 15 or more employees) – after 6 months of employment, after 12 months of employment and, every subsequent period of 12 months of employment.
• For small business employers (those with less than 15 employees) – after 12 months of employment.

Right to Disconnect 

Non-small business employers are reminded that employees will now have the right to refuse to monitor, read or respond to contact (or attempted contact) from their employer or a third-party outside of working hours, unless the refusal is unreasonable. This will apply to small business employers and employees from 26 August 2025.

A detailed summary about this new right and the new powers of the Fair Work Commission (Commission) to resolve disputes about the right to disconnect can be found  on our previous Legal alert.

The Commission has also varied modern awards to include the right to disconnect term effective today, 26 August 2024 (see [2024] FWCFB 338). The Commission has indicated that it does not intend to make guidelines about the right to disconnect at the present time but will review the new terms in 12 months’ time to provide the opportunity to raise issues and difficulties generally or in specific industries or occupations.

Employers with questions about these changes are encouraged to contact EMA Legal for assistance.