Variation of modern awards to include a right to disconnect term

[2024] FWC 1362

[2024] FWC 1362

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

Sch 1, cl 111C—FWC to vary certain modern awards

Variation of modern awards to include a right to disconnect term

(AM2024/14)

JUSTICE HATCHER, PRESIDENT SYDNEY, 23 MAY 2024

Variation of modern awards to include a right to disconnect term – Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 – audit of modern award terms which may impact the right to disconnect – award audit published.

1. The Commission is required to vary all modern awards to include a right to disconnect term by 26 August 2024 as stipulated by the Fair Work Act 2009 (Cth) following the passage of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.

1. As foreshadowed in my statement of 10 May 2024, staff of the Commission have prepared a more detailed, award-specific audit of terms in modern awards which may impact the right to disconnect.

1. That award audit is now published with this statement. The audit identifies modern award provisions dealing with the following matters:

·Spans of hours, including ordinary hours of work and arrangements for shiftwork.

·Requirements for employers to contact or provide notice to employees.

·Requirements for employees to be on call, return to duty or remain on standby in readiness to return to duty.

·Classifications that include manager or supervisory responsibilities.

1. Pursuant to the amended timetable set out in my statement of 10 May 2024, parties are invited to make any submissions relating to the contents of the award audit as part of their reply submissions, which are due by 12:00 pm AEST on Tuesday, 11 June 2024.

1. All submissions should be sent to [email protected] and will be published on the Commission’s website. This email address can also be used for enquiries about the matter.

PRESIDENT

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