Every modern award must include a right to disconnect term (s 149F); the FWC was required to vary all existing awards by the day before 26 August 2024, with the term taking effect on that date, and for small business employers from 26 August 2025. The draft model term ([2024] FWC 1818) restates the s 333M rights, sets the two commencement dates, prohibits an employer from directly or indirectly preventing an employee from exercising the right, and preserves award-specific contact arrangements (for example stand-by, recall and emergency roster changes). Award-covered employers must apply their award's term alongside the Act.
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