Justice Hatcher, President, has issued a statement starting the process to vary modern awards to include a right to disconnect. The Statement sets out a proposed timetable for consultation on the making of the required term and guidelines.
To help this process, our staff have conducted an initial analysis of modern award terms that may affect a right to disconnect (see Attachment A in the statement).
We invite interested parties to comment on the initial analysis.
This process is a key part of our implementation of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 changes. As part of the changes, we are required to insert a right to disconnect term into all modern awards by 26 August 2024.
You can read:
- the President’s Statement [2024] FWC 649 (pdf)
- information about the Closing Loopholes Acts changes
- about the Variation of modern awards to include a right to disconnect case.
Comments on the proposed timetable
We invite you to comment on the proposed timetable by 12 noon (AEDT) on Wednesday, 20 March 2024. Comments should be emailed to [email protected].
The President will issue a further statement in the week commencing 25 March 2024 either confirming or adjusting the timetable based on the comments we receive.