2024 in Review: Workplace Rights, Challenges, and What’s Next

This year, a significant topic was the introduction of the ‘right to disconnect’. This new workplace right allows employees to reasonably refuse contact from their employers outside of working hours. 

For most employees, this right came into effect on 26 August 2024 (it will apply to those operations who fit the Small Business Code from 26 August 2025).

According to the new section 333M of the Fair Work Act, employees can refuse to monitor, read or respond to contact outside their working hours unless it is unreasonable to do so. It’s important to understand this right does not prevent employees from attempting contact outside of hours.

Employers should note not all out-of-hours contact is prohibited… it just must be reasonable. 

In addition, the Fair Work Commission can hear disputes regarding the right to disconnect if an employee exercises this right and the employer believes the refusal is unreasonable, or if there is another disagreement about this right. 

The right to disconnect is protected under general workplace rights so adverse action must not be taken against an employee for reasonably exercising this right.

The extent of the limitations on out-of-hours contact will become clearer as the Fair Work Commission and Courts handle disputes related to this right.Australian employers and anyone in a decision-making position regarding wages and the payment of wages must take proactive steps to ensure compliance in relation to wage theft and avoid serious repercussions.

Key Takeaways

Employers should consider reviewing and updating:

• Employment contracts and position descriptions to notify employees of any expected out-of-hours contact and ensure it is appropriate.
• Policies and procedures related to out-of-hours contact, including reasonable work hours and workplace communication.
• Training for managers and supervisors on the right to disconnect and any updated processes.
• Informing employees or contractors overseas or in different time zones about considering their coworkers’ right to disconnect when dealing outside of work hours.
• Liaising with clients / customers who may contact your employees out of hours to discuss how this will be managed in the future.

Employee Choice Pathway to Permanent Employment

From 26 February 2025, the current casual conversion scheme is to be replaced by the new ‘Employee Choice Pathway’ for most casual employees.

Where a casual employee has worked for their employer for at least six months and thinks they no longer fit the casual employee definition, that employee can request permanent employment in writing to their employer. 

On receipt of any such request, employers are to consult with the employee within 21 days to discuss the ramifications of the requested change. The employer must then respond in writing to the employee with advice as to whether the requested changes have been accepted or rejected.  

Where the request is accepted, it will be effective from the employee’s first pay period after acceptance, unless another start date has been agreed and confirmed in writing.

Rejection of the conversion request can only occur if any of the following apply:

• The employee still meets the definition of a casual employee.
• There are fair and reasonable operational grounds – e.g. significant changes or major impacts to the business’s operations or changes would be required to comply with existing industrial instruments.
• Accepting the request would cause non-compliance with a recruitment or other selection process required by law.

Key Takeaways

Employers should consider implementing new processes to ensure Employee Choice notices are reviewed, consultations occur, and written responses are provided within 21 days.

Regulated Workers and Businesses in the Road Transport Industry

Psychological Hazards

Across most State jurisdictions, there has been a focus on eliminating psychosocial hazards from workplaces caused by job demands, poor support, bullying, harassment (including sexual harassment) and conflict. 

Safe Work Australia reported that mental health conditions accounted for approximately 9% of serious workers’ compensation claims in 2021-22, a 36.9% increase since 2017-18. The most common causes were harassment, bullying, work pressure, and workplace violence. This trend is attributed to both destigmatisation and increased awareness of mental health conditions.

Key Takeaways

Employers should review their Work Health and Safety policies and practices to ensure they address psychosocial health and safety risks and consult with employees about these risks. A person conducting a business or undertaking (PCBUs) must proactively eliminate psychosocial hazards by identifying, assessing, and managing risks with appropriate measures.