1
Fair Work Act 2009
Schedule 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, 26 MARCH 2024
Variation of modern awards to include a right to disconnect term – Fair Work Legislation
Amendment (Closing Loopholes No. 2) Act 2024 – commencing process to develop a right to
disconnect award term and guidelines – timetable confirmed.
Introduction
[1] On 12 March 2024, I issued a statement commencing a process to vary all modern
awards to include provisions for a right to disconnect term by 26 August 2024. This is a
requirement stipulated by the Fair Work Act 2009 (Cth) following the passage of the Fair Work
Legislation Amendment (Closing Loopholes No. 2) Act 2023 (Closing Loopholes Act (No 2).
[2] The statement of 12 March 2024 included a proposed timetable for the award variation
process and invited comments from interested parties. Responses to the proposed timetable
were received from the Australian Industry Group (Ai Group), the Australian Council of Trade
Unions (ACTU) and Queensland Law Society (QLS). QLS did not provide any feedback on the
timetable. Both the Ai Group and the ACTU proposed amendments to allow the parties
additional time to file their submissions in reply. The Ai Group proposed that initial
submissions should be filed on 13 May 2024 to allow a period of three weeks to prepare and
file submissions in reply by 3 June 2024. The ACTU suggested that submissions in reply should
be filed on 10 June 2024 instead of 3 June 2024.
[3] I have decided to adjust the timetable as proposed by the ACTU, which will also
accommodate the request of the Ai Group for a three-week period for reply submissions. As 10
June 2024 is a public holiday, parties will be required to lodge submissions in reply by 12:00
pm (AEST) on 11 June 2024. The final timetable is set out below:
Final timetable
Date Proposed consultation
2-3 May 2024 Consultations with peak councils
[2024] FWC 768
STATEMENT
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/am2024-14/2024fwc649.pdf
https://www.fwc.gov.au/documents/sites/am2024-14/am202414-corr-aig-200324.pdf
https://www.fwc.gov.au/documents/sites/am2024-14/am202414-corr-actu-200324.pdf
https://www.fwc.gov.au/documents/sites/am2024-14/am202414-corr-actu-200324.pdf
https://www.fwc.gov.au/documents/sites/am2024-14/am202414-corr-qls-200324.pdf
[2024] FWC 768
2
20 May 2024 Parties to lodge submissions by 12:00pm 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 by 12:00pm
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
[4] 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.
[5] This matter will now be allocated to a Full Bench consisting of myself, Vice President
Asbury, Deputy President O’Neill and Commissioner McKinnon.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR772719
THE FAIR WORK FAI COMMISSION THE
mailto:awards@fwc.gov.au
