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This is a Bill, not an Act. For current law, see the Acts databases.
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
No. , 2023
Fair Work Amendment (Right to Disconnect) Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2023
Fair Work Amendment (Right to Disconnect) Bill 2023
1
A Bill for an Act to amend the Fair Work Act 2009,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Fair Work Amendment (Right to Disconnect)
Act
5
2023
.
6
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
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12
2
Fair Work Amendment (Right to Disconnect) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments
Schedule 1
No. , 2023
Fair Work Amendment (Right to Disconnect) Bill 2023
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 After paragraph 61(2)(a)
4
Insert:
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(aa) the right to disconnect outside of working hours
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(Division 3A);
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2 After Division 3 of Part 2-2
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Insert:
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Division 3A--Right to disconnect outside of working hours
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64A Right to disconnect outside of working hours
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(1) An employer must not contact an employee outside of the
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employee's hours of work (including during periods of leave),
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unless:
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(a) the reason for the contact is an emergency or a genuine
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welfare matter; or
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(b) the employee is in receipt of an availability allowance for the
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period during which the contact is made.
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(2) An employee is not required to monitor, read or respond to emails,
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telephone calls or any other kind of communication from an
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employer outside of the employee's hours of work (including
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during periods of leave) unless the employee is in receipt of an
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availability allowance for the period during which the
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communication is made.
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(3) In this section:
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availability allowance
, for a period, means an allowance for being
26
rostered, or otherwise directed by an employer, to remain available
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to perform work during the period.
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3 In the appropriate position in Schedule 1
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Insert:
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Schedule 1
Amendments
4
Fair Work Amendment (Right to Disconnect) Bill 2023
No. , 2023
Part 15--Amendments made by the Fair Work
1
Amendment (Right to Disconnect) Act 2023
2
3
87 Definitions
4
In this Part:
5
amending Act
means the
Fair Work Amendment (Right to
6
Disconnect) Act 2023
.
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commencement
means the commencement of this Part.
8
88 Application of amendments
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The amendments made by items 1 and 2 of Schedule 1 to the
10
amending Act apply on and after commencement.
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