WFH changes to Modern Awards

Since 2020, there have been many changes to the way that businesses operate, making it necessary for businesses to evolve along with these changes.  Some changes have been a necessity due to the COVID-19 pandemic whilst others have been enforced via legislative changes. The Fair Work Commissions’ latest tranche of Closing Loopholes No 2 Act 2024 has been set in motion with employees now having the Right to Disconnect, along with changes to casual employment and contractors, as well as the introduction of criminalisation of underpayment of wages.

There are also further changes being considered in relation to Working from Home (WFH).  After the recent Modern Awards Review 2023-24 Report was published, the Fair Work Commission stated that it will consider variations to Modern Awards in various areas, including WFH.  This review was identified as a need to ensure that the Modern Awards keep up with the objectives of the Awards and those impacted.

A Full Bench has started a new case (AM2024/34).  The aim of the case is to help develop a working-from-home term within the Clerks – Private Sector Award 2020 and the Commission has been liaising with unions and industry bodies, along with any other interested parties who are all invited to participate, ensuring that the case encompasses fairness for both the employer and its employees.

At the recent hearing on Friday, 13 September 2024, conversations included consideration for the Commission to allow the terminology to reflect remote work, rather than WFH, as well as the minimum engagement periods for both part-time and casual employees.

During the hearing, there were discussions on having a survey of employees conducted, which will assist all parties involved in having a deeper understanding of what is wanted and how best to move forward.  The hearing has now adjourned while the Commission waits for extra questions to be forwarded in order to be able to make any decisions.

Regardless of what will or won’t come out of this case, employers are finding that they need to consider being more flexible when it comes to where their employees work from; especially when it comes to employees who can be mobile with a laptop.  Whilst there is an existing provision in most Modern Awards to allow certain employees to request flexibility, there is no specific term detailing the obligation of either party and what the term will entail.

This doesn’t mean that employers cannot prepare for what will inevitably occur. Do you already allow your employees to WFH and if so, is it on an official basis or is it more casual? To find out more about these changes and other changes and how they may impact your business, or how to have a conversation with your team on expectations moving forward, please contact our HR team on 1300 4 ADVICE to discuss with one of our HR specialists.

FREE resources to help your business get to the next level:

• Key Business Advisors – keyba.com.au
• Business Strategy & Growth – https://keyba.com.au/business-advice-strategy-and-growth/
• People & Culture – https://keyba.com.au/people-culture-business/
• HR Advice and Support – https://keyba.com.au/hr-advice-support/
• Professional Sales Training – https://keyba.com.au/professional-sales-training/