FWC releases new resources ahead of changes from Closing Loopholes law

New resources on unfair deactivation, termination for regulated workers now available

FWC releases new resources ahead of changes from Closing Loopholes law

The Fair Work Commission (FWC) has released new resources on unfair deactivation and termination for regulated workers ahead of the upcoming changes introduced by the second Closing Loopholes Act.

The resources include updated website content about unfair deactivation or termination for regulated workers.

It also includes a video presentation on unfair jurisdiction for digital platform workers and road transport contractors.

Deputy President Tony Saunders provides an overview of the provisions in the 13-minute video uploaded on YouTube, according to the FWC.

"We are preparing for changes to our functions because of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024," the FWC said in a media release.

It noted that most of the changes are expected to take effect on August 26, pending qualifying periods and other requirements.

Among the expected new rules are changes to the definition of a casual employee and changes to casual conversion, as well as the controversial right to disconnect.

The FWC was previously urged to be more detailed with award terms over the right to disconnect by spelling out the factors to be considered in determining whether a refusal is unreasonable, including specifying conditions for when workers are on approved leave or when employers haven't taken all reasonable steps to avoid contacting workers outside of working hours.

The commission is also encouraged to review the provisions after 12 months to evaluate if changes are needed to avoid unnecessary disputes.