Workers will be able to ignore bosses after hours, as Labor's bill secures Senate support

Labor’s third tranche of workplace laws since its election is set to pass the Senate today following eleventh-hour backroom deals with the Greens and the crossbench. Here’s what businesses need to know.

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• Employees will have the right to disconnect from work-related calls, emails, and messages after work hours, without fear of punishment from their boss. Employers will not be fined for contacting employees after hours, unless it is to check availability or in emergencies.
• However, workers can seek stop contact orders from the Fair Work Commission, which may result in fines if violated.
• Casuals who have worked for six months (or 12 months for small businesses) and have had a regular shift pattern can request to convert to a permanent role. Employers can refuse based on fair and reasonable operational grounds. Disputes will be resolved by the FWC.
• Unions or gig workers can apply to the FWC to establish minimum pay and conditions for platform work. Rosters and overtime are excluded, and any conditions cannot affect workers' flexibility to choose when they want to work. Recent changes have narrowed coverage to exclude carers on the Mable app or well-paid workers with strong bargaining power.
• Truckie owner-drivers and employees in the road transport industry can apply to the FWC for minimum wages and conditions. An industry panel will be consulted on any orders, and the commission will have broad enforcement powers throughout the supply chain.

For the first time, employment will be defined to ensure that courts consider the reality of the relationship when determining if independent contractors should be classified as employees, entitled to backpay for minimum wages and conditions. This change overturns a significant High Court ruling that prioritised the worker's contract terms in determining their employment status.

Union officials will have the authority to request an inspection of a work site without prior notice if they suspect wage theft. They can seek an order from the Fair Work Commission for this purpose.

Under Labor's new unilateral arbitration powers for prolonged bargaining disputes, which came into effect in June, the FWC will be prohibited from changing workers' existing conditions in a way that would leave them worse off.

(Read in full: https://www.sbs.com.au/news/article/workers-will-be-able-to-ignore-bosses-after-hours-as-labors-bill-secures-senate-support/25avbebll)