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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.
[2] 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.
[3] 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.
[4] 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
[2024] FWC 1235
STATEMENT
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/am2024-14/2024fwc649.pdf
[2024] FWC 1235
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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
[5] 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
PR774910
THE FAIR WORK FAI COMMISSION THE
mailto:awards@fwc.gov.au
