LAW REPORT
Changes to industrial relations law across Australia
Ingrid Pagura | BA , LIB
Over the course of 2024 many changes have taken place to the laws relating to employees . Most of these are due to the Fair Work Legislation Amendment ( Closing Loopholes ) Act 2023 ( Cth ), which has come into force over different dates across this year . I wanted to summarise some of the changes that may affect you the most , especially if you are taking on new staff .
1 . National Employment Standards
These is a list of minimum entitlements for Australian workers who fall under the Commonwealth Fair Work Act , which is most Australian workers . This varies in some states and territories so if you ’ d like to find out if you are included under this legislation , please go to Fair Work Australia ( https :// www . fairwork . gov . au / about-us / legislation / the-fairwork-system # act ). While the National Employment Standards ( NES ) set out minimum requirements , any employer can provide their employees more benefits if they wish .
The NES include minimum standards for working hours , parental leave , annual leave , redundancy and now superannuation as well , from 1 January 2024 . Employers have had an obligation to pay superannuation ( super ) contributions for eligible employees under superannuation guarantee laws since 1992 . As a result of this change , superannuation is now an entitlement under the National Employment Standards as well .
Fair Work has also updated the Fair Work Information Statement . This is a document that must be given to every new worker before or soon after they start work with you . There is now a second one for casual workers . It covers all the NES and other essential information for workers . Download a copy and make sure you are up to date with the latest .
https :// www . fairwork . gov . au / sites / default / files / migration / 724 / Fair- Work-Information-Statement . pdf
https :// www . fairwork . gov . au / sites / default / files / migration / 724 / casualemployment-information-statement . pdf
2 . Right to Disconnect
The right to disconnect refers to the ability of a worker to ignore a contact ( emails , texts or calls ) from an employer outside work hours in certain situations . This includes right to disconnect from third parties , for example , clients . This change came into force on 26 August 2024 but will not apply to small businesses ( 15 workers or fewer ) until 26
August 2025 .
The biggest misconception is that it doesn ’ t mean that an employer can never contact a worker out of work hours . For example , contact made in relation to covering a shift or an emergency is permissible as long as it is reasonable within the worker ’ s circumstances . To determine whether it is in fact reasonable you will need to consider each worker ’ s circumstances , for example , whether they care for young children or elderly parents .
To do :
• Review your current contact methods and make sure they are still seen as reasonable
• Educate managers and supervisors about reasonable contact
• Have a policy in place that covers contact outside work hours and make sure you implement it
3 . Casual employees
The definition of a casual worker is also changing . The new definition now refers to a casual status as being one where the relationship is characterised by an absence of a ‘ firm advance commitment to continuing and indefinite work ’, and where the employee is entitled to a casual loading or a specific rate of pay for casual employees .
234 | vol30 | no4 | JATMS