As part of a series of sweeping changes brought to you by the Fair Work Legislation (Closing Loopholes No. 2) Act 2024 the changes that come into effect from today focus on the following:
Changes to the definition of employment
In accordance with section 15AA, the definition of employment has again been expanded to accommodate new and emerging types of employment relationships, that brings them under the Fair Work Act 2009 and the Fair Work Commissions (FWC) jurisdiction.
The expansion of the definition of casual employees and the tightening up of the casual conversion processes are coming in preparation for the new provisions that will allow employees a choice as to whether they wish to move out of casual employment and into permanent pathways (coming in 2025).
Employees who now refuse (within reason) to monitor, read or respond to contact from their workplace outside of their working hours have a workplace right and are protected from adverse action which can be dealt with under the general protections' provisions.
The employee right to disconnect does not mean you cannot under any circumstances call, email or otherwise try and contact an employee on their non-working days, it means that you cannot discipline, terminate, or otherwise inflict adverse action upon them as a punishment for exercising their workplace right.
Gig workers, working via online platforms are now included as an independent category of employment under Australian workplace relations laws.
These 'employee-like' workers (who are also independent contractors) are now referred to as “Regulated Workers”.
The new laws give the FWC powers to make minimum standards orders and guidelines, make contractual chain orders in road transport, register collective agreement for regulated workers and business, and deal with disputes about unfair deactivation, termination, and unfair contract terms (see below).
The FWC can now deal with disputes about unfair contracts and has powers to cancel, amend or vary independent contractor service terms where they are found to be unfair.
If you have employees working in your organisation or business, make sure you are up to speed on the changes and how they may affect you and your employees.
If you need advice or support to better understand your obligations as an employer, call Resources for Humans today!
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