Workplace law changes coming 26 August 2024
A number of changes to workplace laws will come into effect on 26 August 2024.
These changes are part of the suite of “Closing Loopholes” reforms which were first passed last year. The reforms include:
- Changes to casual employment including the definition of ‘casual employment’;
- A new ‘right to disconnect’;
- New protections for independent contractors; and
- New standards and protections for gig economy workers.
Changes to casual employment
Under the changes, the definition of a casual employee will change for people hired from 26 August 2024. The definition will be centered around whether the employment relationship has no ‘firm advance commitment’ to ongoing work. This will be a multi-factor analysis and will depend on things such as the pattern of work, whether the employee can accept or reject work, and the substance of the employment relationship.
Eligible casual employees will now also have an ‘Employee Choice Pathway’ under the National Employment Standards. This allows a casual employee to provide notice to their employer that they wish to convert their employment to permanent employment provided they have been employed for at least 6 months (or 12 months in the case of a small business) and they no longer meet the definition of a casual employee.
Right to Disconnect
The new ‘Right to Disconnect’ means employees will be allowed to refuse employer or third-party contact outside of their normal working hours, provided it is reasonable to do so.
Our earlier article about the Right to Disconnect can be found here.
You can also get a full rundown of the new laws in our podcast episode.
Changes for Independent Contractors
New protections for independent contractors (and workers incorrectly classified as ‘contractors’ rather than ‘employees’) will also come into effect.
A new definition of ‘employee’ will focus on the real substance and nature of the working relationship. A worker being deemed an employee instead of a contractor may mean that the parties will have different rights and obligations.
We have previously written about the new Unfair Contract Terms regime that will apply to agreements for independent contractors. You can find our article here.
Gig Economy Workers
Gig economy workers, such as food delivery drivers, will also start to enjoy a host of protections and minimum standards.
The above is not exhaustive and is a brief summary only of some important features. The full scope of the changes is considerable and it is beyond the scope of this article to explore them all in full. The Fair Work Ombudsman has further material on these changes, which can be found here.
Aintree Group Legal will be happy to discuss all of your commercial law needs. Contact us today.
This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.
