There has been a lot going on this past day or two in the workplace reform space. Here is a snapshot of some of what is happening.
Right to Disconnect laws
In 2020, our working lives changed forever. With the lockdowns taking place, employers and employees were quickly forced to alter their work practices.
Since then, we’ve seen many laws take effect as a result of working in a pandemic world. The most major change is the concept of working from home and flexible work arrangements.
While many businesses have had success with productivity by welcoming these changes, it leads to the question of just how productive are we as employees? Instead of travelling to work, many people would use that extra time in the mornings and afternoons to do additional work to keep on top of things.
Yesterday, the government passed Right-To-Disconnect laws giving employees the right to ignore out-of-hours calls and emails without being penalised by their employers. The new legislation could also mean that if an employee raises concerns regarding an employer’s continuous contact out of work hours, the employer could potentially receive a fine of $18,000.
With the new changes, the government is pushing for employers and employees to negotiate more formal arrangements for out of hours contact through workplace agreements. This would also be reflected in Modern Awards.
Whilst many employers and businesses now hold concerns as to the changes and how it will affect their business, the laws also note that employers may have a legitimate reason for contacting their staff at home, particularly in respect of arranging staff and schedules. The new amendments will also set out information for employees who may unreasonably refuse to engage in out-of-hours contact.
To assist with the new laws, the Fair Work Commission will be able to deal with disputes between employers and employees about the right to disconnect, including the power to make orders to stop an employee from refusing contact or to stop an employer from taking certain actions or contacting them out-of-hours.
Road Transport Minimum Standards
In addition to the Right-To-Disconnect laws, the passed bill also empowers the Fair Work Commission to set road transport minimum standards, that could include the rates for independent owner-drivers.
An independent advisory group made up of owner-drivers will also be set up to support Australian truck drivers.
Casual Employees
Another new workplace reform is the pathway for casuals to convert to a permanent role.
The new laws will ensure workers who are hired as casuals but work regular or predictable shifts are offered the switch to a permanent role. They will be able to apply for conversation after six months of regular working arrangements or after twelve months if hired by a small business.
Employers will be able to refuse an employee’s request for conversation if it believes its refusal to be on fair and reasonable grounds.
Minimum Standards for Gig Economy Workers
The Closing Loopholes legislation will also introduce new powers for the Fair Work Commission to set minimum standards for gig economy workers, including rideshare and food delivery drivers. These employees will now be considered “employee-like” if they meet certain criteria.
If you have any questions or issues arising as a result of these or any other workplace reforms, please contact us here at Emplawyer for further assistance.
