New Worker Protections Come into Effect from Monday


From next Monday, 26th August, there are some important new protections for workers coming into effect as part of the landmark Closing Loopholes Bill.

The first changes to arrive under the new legislation cover casual employees, independent contractors and new rules around a ‘right to disconnect’ after work.

Here’s a quick overview of the new protections:

A new ‘right to disconnect’

The new ‘right to disconnect’ rule will be introduced for employees from 26 August 2024, where they are employed in a business with 15 or more employees. For workers employed by a business with less than 15 employees the right to disconnect will take effect on 26 August 2025.

The new right gives an employee a right to refuse to respond to contact from their employer outside of work hours, unless the contact is deemed to be 'reasonable'.

Download our factsheet on understanding the Right to Disconnect.

Changes to casual employment

The definition of casual work has changed in the Fair Work Act. In summary, casual employment will be where:

• there is an absence of a firm advance commitment to continuing and indefinite work; and 
• the employee is entitled to a casual loading or a specific rate of pay for casual employees (under a fair work instrument or contract).

Changes to independent contractors

For independent contractors in Australia, there are a range of changes on the way, most of which take effect on 26 August 2024.

These include:

• A new test for determining if someone is an independent contractor or an employee.
• Making it harder to defend a claim of “sham contracting”.
• New ability for contractors to challenge unfair contract terms.
• More protections for contractors in the road transport industry and those engaged through digital platforms.

What's next?

This is just the first stage of the Closing Loopholes legislation. There will be further legal protections for workers regarding wage underpayment - expected to be introduced next year.

If you need further help understanding these changes and how they relate to your employment, please contact your union organiser today. If you’re unsure who your rep is, you can contact [email protected] for guidance.

If you’re not yet a union member, join today.

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It’s critical that you know your rights at work - being a union member means you will be armed with the necessary knowledge to identify any possible issues with implementing these changes in your workplace. You will also have your union support, expert advice, and representation if you are unfairly treated.