2022‑2023

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Fair Work Amendment (Right to Disconnect) Bill 2023

No.      , 2023

(Mr Bandt)

A Bill for an Act to amend the Fair Work Act 2009, and for related purposes

Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Fair Work Act 2009                                                                                                     3

A Bill for an Act to amend the Fair Work Act 2009, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Fair Work Amendment (Right to Disconnect) Act 2023.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Fair Work Act 2009

1  After paragraph 61(2)(a)

Insert:

                    (aa)  the right to disconnect outside of working hours (Division 3A);

2  After Division 3 of Part 2‑2

Insert:

Division 3A—Right to disconnect outside of working hours

64A  Right to disconnect outside of working hours

             (1)  An employer must not contact an employee outside of the employee’s hours of work (including during periods of leave), unless:

                     (a)  the reason for the contact is an emergency or a genuine welfare matter; or

                     (b)  the employee is in receipt of an availability allowance for the period during which the contact is made.

             (2)  An employee is not required to monitor, read or respond to emails, telephone calls or any other kind of communication from an employer outside of the employee’s hours of work (including during periods of leave) unless the employee is in receipt of an availability allowance for the period during which the communication is made.

             (3)  In this section:

availability allowance, for a period, means an allowance for being rostered, or otherwise directed by an employer, to remain available to perform work during the period.

3  In the appropriate position in Schedule 1

Insert:

Part 15—Amendments made by the Fair Work Amendment (Right to Disconnect) Act 2023

87  Definitions

                   In this Part:

amending Act means the Fair Work Amendment (Right to Disconnect) Act 2023.

commencement means the commencement of this Part.

88  Application of amendments

                   The amendments made by items 1 and 2 of Schedule 1 to the amending Act apply on and after commencement.