Are you prepared for 26 August 2024?

This legal alert reminds our valued clients of the significant changes to the Fair Work Act 2009 (Cth) (Act) taking effect from 26 August 2024 (or 26 August 2025 for small business employers for some changes).

EMA Legal is available to assist with all employer enquiries.

1. Casual Employment Changes

There are several significant changes to casual employment, including:

• A new definition of ‘casual employee’;

• A new pathway for casual conversion, known as the “employee choice” pathway;

• New protections for casual workers making it unlawful to dismiss an employee to engage them as casual or make false representations in relation to casual employment – civil penalties for employers who breach their obligations can follow.

A detailed summary of these changes, taking effect from 26 August 2024, can be found in our April 2024 legal alert.  These changes take effect a little later – from 26 August 2025 – for small business employers.

We remind our valued clients that it is timely to:

• review our April 2024 legal alert to better understand the upcoming changes;
• review their casual workforce and identify employees’ status by reference to the new and intended definition which places emphasis on how the relationship operates in practice;
• review template employment contracts for casual employees to remove the operation of references to current casual conversion arrangements post August 2024;
• consider whether existing casual conversion processes and procedures will comply with the new laws and amend them;
• diarise obligations to update and issue Casual Employment Information Statements at the required intervals.

1. “Right to disconnect”

From 26 August 2024, employees will have the right to refuse contact from their employer or third party (for example, a client) outside of the employee’s working hours. These changes take effect a little later – from 26 August 2025 – for small business employers.

The right will be provided for in the Act, in modern awards and will be a “workplace right”, meaning that an employer cannot dismiss an employee who seeks to exercise their right to disconnect (for example).

The Fair Work Commission (Commission) is still in the process of developing the model term to be included in modern awards and further guidance material for employers.

If an employer and employee cannot resolve a dispute concerning rights to disconnect an application to the Commission can be made for assistance to resolve the dispute. The Commission may make an order that the contact from the employer “stop”, for example.

Employers should consider:

• reviewing the terms of their applicable modern award(s) immediately prior to 26 August 2024 to ensure they understand their obligations moving forward and how employees can disconnect from employer contact outside working hours;
• implementing workplace policies which provide for when contact from the employer might be reasonable contact outside of working hours;
• revisiting their contracts of employment to provide for clauses relevant to the right to disconnect, and reasonable contact by the employer outside working hours.

1. Other changes

Other changes effective 26 August 2024 include:

• Provisions for ‘employee-like’ workers and the road transport industry
• Collective agreements and workplace delegates rights for regulated workers
• Determining whether a relationship is employment
• Independent contractor ‘unfair contracts’ disputes jurisdiction

EMA Legal can assist employers to understand these changes.

Harmonise HR – HR Leadership Course – Beyond Boundaries

Join Harmonise HR at the Larwill in Melbourne for a two-day HR Leadership Course on Thursday, 12th and Friday, 13th September 2024.

Shannon Luker, Partner, EMA Legal, will present at the course about the nuances of managing medical disclosures during performance discussions, an area of increasing relevance for employers and HR professionals.

All clients of EMA Legal will be offered a 10% discount on tickets. To avail of this offer, please mention EMA Legal in the Harmonise HR enquiry form in the link below.

For further information and to book your spot, please visit the Harmonise HR website.