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.

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.