Variation of modern awards to include a right to disconnect term

[2024] FWC 1235

[2024] FWC 1235

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, 10 MAY 2024

Variation of modern awards to include a right to disconnect term – Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 – timetable amended.

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. My statement of 12 March 2024 included at Attachment A an initial analysis of modern award provisions that may potentially impact on the development of the right to disconnect award term and accompanying written guidelines, drawing on the recently-published discussion paper on work and care which was prepared as part of the Modern Awards Review 2023–24.

1. Commission staff are currently preparing a more detailed, award-specific audit of terms in modern awards which may impact the right to disconnect. I anticipate that this award audit will be published in the week commencing 20 May 2024.

1. Parties are invited to comment on the award audit in their reply submissions. The amended timetable to accommodate this is set out below:

Amended timetable

Date	Proposed action
2-3 May 2024	Consultations with peak councils
20 May 2024	Parties to lodge submissions by 12:00 pm AEST on proposed right to disconnect term and guidelines, including any award-specific matters and the delayed operation for small businesses
11 June 2024	Parties to lodge submissions in reply and any comments on the award audit prepared by Commission staff by 12:00 pm AEST
17-21 June 2024	Consultation sessions with interested parties
15 July 2024	Draft award terms published by the Commission for comment
1 August 2024	Comments on draft award terms due
23 August 2024	Final determinations varying modern awards published
26 August 2024	Determinations come into operation (except small business)
26 August 2025	Determinations come into operation for small business

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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