A new workplace right – a ‘right to disconnect’ – has been introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, with effect from 26 August 2024 (or 26 August 2025 for small business employers). On 23 August 2024, a Full Bench of the Fair Work Commission finalized the new “right to disconnect” model term, which will soon be inserted into all modern awards. Whilst we wait for the Fair Work Commission (FWC) to issue its guidance on the new workplace right, here’s what you should know, and what we think you should do to prepare for the introduction of the right to disconnect.

In its “Make Work Pay” manifesto, the Labour government pledged to bring in the “right to switch off” for workers. The government is reportedly considering a Code of Practice on such right, which may operate in a similar way to the Codes of Practice on disciplinary and grievance matters, and fire and rehire, with the potential for uplifts in compensation for specified types of claims where there has been non-compliance. Full details of the proposals are awaited but employers may wish to examine their hybrid and remote working arrangements now in order to ensure that they can react swiftly to future developments.