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Keeping Up to Date with the New SME Workplace Laws

Small businesses who employ more than fifteen (15) staff now have new obligations involving the right for employees to disconnect and a new pathway for casuals to convert to permanent employment, with more requirements for smaller employers next year. These and other requirements involve:

  • Unfair contracts – Independent contractors will be able to apply for their services contracts to be cancelled or changed if the terms are found to be unfair.
  • Right to disconnect – Employees will now have the right to decline monitoring, reading, or responding to attempted contact outside of their working hours, unless it is deemed unreasonable to do so.
  • Casual employees – A new pathway for eligible casual employees to request change to permanent employment.
  • Definition of employment – New information on how an employment relationship is determined for the purposes of the Fair Work Act.

It is important to familiarise yourself with the new requirements, which came into effect on 26 August 2024.

There are a range of helpful resources to support small businesses to familiarise themselves with the new requirements, including the Small Business Peak website developed to assist small businesses to understand and implement the new workplace legislation.

The Commission is also supporting small businesses with a range of compliance and support initiatives as part of Small Business Month in October.

Nigel Ward, CEO of Australian Business Lawyers and Advisors, will also be holding a free session on the Rules of Engagement: What IR changes mean for your small business at the Northern Rivers Small Business Month expo on 15 October.

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