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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, 23 MAY 2024
Variation of modern awards to include a right to disconnect term – Fair Work Legislation
Amendment (Closing Loopholes No. 2) Act 2024 – audit of modern award terms which may
impact the right to disconnect – award audit published.
[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] As foreshadowed in my statement of 10 May 2024, staff of the Commission have
prepared a more detailed, award-specific audit of terms in modern awards which may impact
the right to disconnect.
[3] That award audit is now published with this statement. The audit identifies modern
award provisions dealing with the following matters:
• Spans of hours, including ordinary hours of work and arrangements for shiftwork.
• Requirements for employers to contact or provide notice to employees.
• Requirements for employees to be on call, return to duty or remain on standby in
readiness to return to duty.
• Classifications that include manager or supervisory responsibilities.
[4] Pursuant to the amended timetable set out in my statement of 10 May 2024, parties are
invited to make any submissions relating to the contents of the award audit as part of their reply
submissions, which are due by 12:00 pm AEST on Tuesday, 11 June 2024.
[2024] FWC 1362
STATEMENT
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/am2024-14/2024fwc1235.pdf
https://www.fwc.gov.au/documents/sites/am2024-14/2024fwc1235.pdf
[2024] FWC 1362
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[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
PR775300
THE FAIR WORK FAI COMMISSION THE
mailto:awards@fwc.gov.au
