Updates to Fair Work Act now in force

At a glance

• Changes to the definition of 'employee', casual employment, 'regulated workers', union right of entry and the right to disconnect are now in effect as of 26 August 2024.

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Key changes to the Fair Work Act 2009 (Cth) are now effective as of 26 August 2024. They include:

• 'Employee' definition: Determination of workers as employees or contractors is now based on the totality of the relationship, not just the written contractual terms of the engagement.
• Casual employment: The definition of casual employment is now based on the practical reality of the engagement, not just the written contract terms, and a revised pathway for conversion to permanent employment has been introduced.
• Regulated workers: Introducing protections for certain types of contractors (known as 'regulated workers').
• Union entry exemption certificates: The Fair Work Commission can issue exemption certificates allowing union entry to inspect suspected underpayments without prior notice (which is otherwise 24 hours' notice).
• Right to disconnect: Employees can now refuse to monitor, read or respond to contact (or attempted contact) from their employer outside of their working hours unless such refusal is unreasonable.

For a detailed overview of these changes, please refer to our previous updates (here and here), and contact our team for any questions or further discussion.