| [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.
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.
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.
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.
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.
All submissions should be sent to awards@fwc.gov.au and will be published on the Commission’s website. This email address can also be used for enquiries about the matter.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Variation of modern awards to include a right to disconnect term [2024] FWC 1362
- Case
- [2024] FWC 1362
- Decision Date
CaseChat Overview and Summary
The legal issues before the Fair Work Commission involved interpreting the scope and application of the right to disconnect as mandated by the new legislation, and determining whether existing award terms needed amendment or clarification. The Commission had to balance the protection of employees' rights to disconnect with the preservation of legitimate business interests and operational requirements. It also had to consider the potential impact on various industries and award classifications.
The Fair Work Commission, after thorough analysis and consultation, determined that certain award terms needed amendment to align with the right to disconnect. The Commission varied the modern awards to explicitly include provisions that protect employees' rights to disconnect from work-related communications outside of their standard working hours. The Commission's decision was aimed at enhancing work-life balance and preventing unreasonable demands on employees to remain constantly available. The final orders included specific amendments to relevant modern awards, ensuring that they were consistent with the statutory right to disconnect.
The Fair Work Commission's ruling was a significant step towards implementing the right to disconnect across various industries, providing clarity and protection to employees while also considering the practical implications for employers. The decision underscored the importance of maintaining a balance between employee rights and business operations in the evolving landscape of workplace regulations.
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