New workplace laws that start today. Find out more about the new laws for regulated workers and businesses, the right to disconnect, and casuals.

Right to disconnect change - 26th August 2024

Eligible employees will have a new ‘right to disconnect’ outside of work hours. This change starts on:

• 26 August 2024 for non-small business employers
• 26 August 2025 for small business employers.

Employees will have the right to refuse contact outside their working hours unless that refusal is unreasonable. This means an employee can refuse to monitor, read or respond to contact from an employer or a third party.

The right also covers attempted contact outside of an employee’s working hours. Several factors must be considered when determining whether an employee’s refusal is unreasonable.

This includes:

• the reason for the contact
• whether the employee is compensated or paid extra for: • being available to be contacted to perform work within a specific period, or
• working additional hours outside their ordinary hours of work
• the nature of the employee’s role and level of responsibility
• the employee’s personal circumstances, including family or caring responsibilities.

For more information Click Here

Action item:

• Discuss the new process with your business/HR team to ensure compliance.

Casual Conversion - 26th August 2024

Starting from 26th August 2024, new rules will be introduced to facilitate the conversion of casual employees to permanent employment. This will replace the current casual conversion rules.

New Pathway for Casual Conversion

Employees can notify their employer of their intention to convert to permanent employment if they:

• Have been employed for at least 6 months (or 12 months if working for a small business employer).
• Believe they no longer meet the new definition of a casual employee.

Employees can’t notify their employer of their intention to change to permanent employment if they:

• are currently engaged in an ongoing dispute with their employer about casual conversion, or
• in the last 6 months:
• their employer refused a previous notification
• they’ve resolved a dispute with their employer about casual conversion.

Example: Casual conversion

Mariana works as a casual cleaner at a large contract cleaning company.

Mariana has been working for her employer for 9 months. Mariana’s employer:

• rosters Mariana to work every week from 8am to 1pm, Monday to Friday
• as an increasingly busy cleaning company, has always been able to offer her work
• believes it’s reasonably likely Mariana will have ongoing work available in the future
• has part-time employees working in the same role.

Mariana believes that she no longer meets the definition of casual employee.

Mariana tells her manager, Victor, that she intends to change to part-time employment. She provides the notification to him in writing. Victor then organises a meeting with her.

In the meeting, Mariana explains why she believes she can change to part-time work. Victor agrees and they discuss how many hours Mariana would like to work. They also discuss when the change would happen.

Victor responds in writing within 21 days of Mariana providing the notification and agrees to the change to part-time employment. He includes details of her new working hours and when it will take effect.

Casual Employment Information Statement (CEIS)

The Casual Employment Information Statement (CEIS) is a document with information about employment conditions that an employer must provide to all new casual employees. The CEIS will now need to be provided to:

• new casual employees before, or as soon as possible after, the start of their employment
• all casual employees employed by non-small businesses as soon as possible after • 6 months of employment
• 12 months of employment and every subsequent period of 12 months of employment
• all casual employees of small businesses as soon as possible after 12 months of employment.

Action items:

• Discuss the new process with your business/HR team to ensure compliance.
• On the 26th August download new CEIS form. For more information Click Here.