New work rights from today

Happy 26 August! Today, new work rights come into force across Australia.

Here’s what they are, why they are so important and how to make the most of them.

The right to disconnect

Most employees have the right to refuse to monitor, read or respond to contact (or attempted contact) from an employer (or third parties) outside of working hours, unless that refusal is unreasonable. 

There are occasions, such as emergencies, when an employer can contact a worker after-hours. Additionally, in some roles, some amount of after-hours contact will be reasonable.

(Note: This law does not come in until 26 August 2025 for small businesses.)

What does this mean for workers?

Workers now have a clearer distinction between work-time and outside of work and are supported to enjoy a better work-life balance.

Job security for casual workers

The existing definition of ‘casual employee’ in the Fair Work Act will be replaced with a new one. The new definition says that an employee is a casual only if there is not a firm advance commitment to continuing and indefinite work and the employee is entitled to a specific pay rate for casuals. 

Additionally, a new pathway will be introduced for eligible employees to change to permanent employment if they want to become permanent and meet the definition of being permanent. This replaces the previous rules for casual conversion.

What does this mean for workers?

More roles will be offered as permanent, secure jobs, and only those that are truly ‘genuinely casual’ will remain casual. Current casual workers will also have stronger grounds on which to request to convert to permanent work, with the onus on employers to explain why they have refused the request.

Clear definitions of employment

New definitions of ‘employee’ and ‘employer’ will be added into the Fair Work Act (and some exceptions to the application of these definitions). 

When determining whether a worker is an employee or an independent contractor, consideration must be given to the real substance, practical reality and true nature of the relationship and the whole relationship between the parties, including the terms of the contract and how the contract is performed in practice.

What does this mean for workers? 

More workers will be found to fit the definition of ‘employee’ (rather than being an independent contractor), which means they will be entitled to the pay, rights and protections of being an employee. 

Minimum standards for gig workers

New minimum standards on pay and conditions will apply to certain ‘employee-like workers’: contractors either engaged on a digital labour platform or in the road transport industry. These workers are called ‘regulated workers’.

The new laws will also give regulated workers the right to make collective agreements, and delegates will be able to represent regulated workers just as they do other kinds of workers.

What does this mean for workers? 

These changes literally ‘close the loophole’ that employers have been exploiting, to avoid classifying workers as employees. For the first time, these vulnerable workers will be entitled to the pay, rights and protections that most workers enjoy. 

Winning > Embedding > Protecting

Already a union member?

Reach out to your union for more specific information about how you and your workmates can use these rights in your workplace.

Not yet a union member?

Joining your union will ensure you’re getting the new pay and conditions that you’re entitled to.