Closing Loopholes updates to the Fair Work Act 2009

Closing Loopholes Updates

Some of the 'Closing Loopholes' updates to the Fair Work Act 2009 (Act) come into effect on 26 August 2024¹. We provide a summary of key aspects of these important updates below.

The right to disconnect

• Unless "the refusal is unreasonable", an employee will have a new right to refuse to read & respond to emails, or to refuse attempted contact such as telephone calls from their employer outside of their working hours.
• Additionally, employees have a right to refuse to read and respond to work-related emails or work-related telephone messages from third parties outside their working hours unless the refusal is unreasonable.
• The rights to refuse to respond to work-related contact outside of an employee's working hours are now a "workplace rights" which are protected under the General Protections provisions of the Act.