Workplace rights and obligations continue to evolve, with new measures aimed at improving the balance between work and personal life, and clarifying pathways from casual to permanent employment.
Two major changes recently came into effect for small businesses: the introduction of the right to disconnect and the employee choice pathway from casual to permanent work.
These reforms reflect broader efforts to ensure fairness, flexibility, and transparency in employment relationships.
The Right to Disconnect
The right to disconnect allows employees to refuse work-related communication outside of regular working hours, provided their refusal is not unreasonable. This reform was introduced to reduce the intrusion of work into personal time, supporting healthier work-life balance.
Unreasonable refusal depends on context, and several factors must be considered. These include the reason for the contact, the employee’s role and level of responsibility, their personal circumstances such as family or caring duties, how intrusive the contact is, and whether the employee is compensated for being available beyond standard hours.
Importantly, this measure does not ban employers from contacting employees, nor does it prevent staff from communicating with one another. Instead, it encourages both employers and employees to agree on expectations that suit their workplace. Disputes about the right to disconnect should first be handled within the workplace, but if resolution cannot be reached, external bodies such as workplace commissions can step in to make orders or mediate.
The reform highlights the importance of dialogue. Employers are encouraged to talk with staff about expectations around after-hours contact. This approach recognises that workplaces differ, and a commonsense understanding tailored to each context is more effective than rigid rules.
Enforcement and Protections
The right to disconnect is now included in all modern awards, with industry-specific rules where necessary. It is also protected as a workplace right, meaning employees cannot be penalised for exercising it. Adverse actions, such as dismissal, demotion, or denial of promotion, based on the use of this right, are prohibited.
Employees covered by enterprise agreements should check whether these agreements contain relevant terms, and unions can play a role in supporting workers to understand and enforce their rights. Resources such as videos, webinars, and information services are available to help both employers and employees understand how to implement the right effectively.
Employee Choice Pathway
The second major change is the employee choice pathway, which provides a structured process for eligible casual employees to transition to permanent roles. Casual workers who have been employed for a sufficient period and believe they no longer meet the definition of casual employment can now notify their employer of their wish to change to permanent status.
For small business employees, eligibility typically requires at least 12 months of employment. For larger businesses, a shorter period may apply. Employers can refuse the request only under specific conditions, such as if the employee still meets the criteria of a casual, if there are fair operational reasons for refusal, or if legal requirements around recruitment would be breached.
This pathway ensures that casual work remains genuinely casual, while providing workers with more certainty and stability when their employment relationship evolves into a regular, ongoing role. It balances flexibility for employers with security for employees.
Broader Implications
Together, these reforms reflect a growing recognition of modern workplace challenges. The right to disconnect addresses the blurring boundaries between work and home life, particularly in an era of digital communication. The employee choice pathway tackles the ongoing debate about the use of casual employment, aiming to prevent misuse while still allowing flexibility for both sides.
Employers are encouraged to engage openly with their staff, adopt fair practices, and seek guidance where needed. Employees are encouraged to learn about their rights, communicate clearly with their employers, and make use of support services and representation if necessary.
Conclusion
The introduction of the right to disconnect and the employee choice pathway marks a significant step in shaping fairer and more balanced workplaces. By promoting discussion, clarity, and respect for both business needs and personal boundaries, these measures aim to improve trust and wellbeing at work. Small businesses, like larger organisations before them, now have the opportunity to embed these rights into their workplace culture, ensuring a fairer and more sustainable employment environment for the future.
If this article has inspired you to think about your unique situation and, more importantly, what you and your family are going through right now, please get in touch with your advice professional.
This information does not consider any person’s objectives, financial situation, or needs. Before making a decision, you should consider whether it is appropriate in light of your particular objectives, financial situation, or needs.
(Feedsy Exclusive)
Disclaimer: The information contained in this article is general in nature and does not take into account your personal objectives, financial situation or needs. Please consider whether the information is appropriate to your circumstance before acting on it and, where appropriate, seek professional advice.