Variation of modern awards to include a right to disconnect term – Initial Submission

On 20 May 2024, Ai Group filed a submission in the Fair Work Commission proceedings concerning the development of a right to disconnect term to be inserted into modern awards. These proceedings follow the passage of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) which amended the Fair Work Act 2009 (Cth) (FW Act) to insert a right to disconnect from 26 August 2024. The amendments require the Commission to insert a right to disconnect term into all modern awards by 26 August 2024. Our submissions concern the proposed modern award term, guidelines in relation to the operation of the relevant part of the FW Act and a delayed operation for small business.