Employment law has changed significantly over the past couple of years, and for many businesses the practical impact is only just starting to be felt.
The challenge is not simply knowing that the law has changed. The real challenge is making sure your contracts, payroll practices, position descriptions, rosters, policies and manager habits still line up with the new rules.
For employers, now is the time to move from “we know this is coming” to “we have checked how this applies in our workplace”.\
1. The right to disconnect is now a practical workplace issue
The right to disconnect does not mean employees can never be contacted outside their ordinary hours. It does mean employees have a workplace right to refuse to monitor, read or respond to out-of-hours contact where that refusal is reasonable.
Whether contact is reasonable will depend on factors such as:
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the reason for the contact;
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how disruptive the contact is;
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whether the employee is compensated for being available;
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the nature of the role and level of responsibility; and
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the employee’s personal circumstances, including caring responsibilities.
What to do: If a role genuinely requires after-hours availability, document that expectation clearly in the contract of employment, position description, and workplace policies. Ensure managers know when contact is appropriate and when it can wait.
2. Casual employment needs to be managed more carefully
The definition of casual employment has shifted, and casual conversion is now centred on employee choice.
A casual employee must be engaged on the basis that there is no firm advance commitment to continuing and indefinite work according to an agreed pattern. Managing casuals with fixed, ongoing rosters without the right contractual framework creates unnecessary risk.
Practical steps include:
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Ensuring casual contracts clearly state the basis of engagement and separate base rates from the 25% casual loading.
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Itemising casual loading clearly on payslips.
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Avoiding written or verbal promises of ongoing/guaranteed work.
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Maintaining a structured, compliant process to consult and respond within 21 days if an employee requests casual conversion.
3. Contracts and position descriptions need a refresh
Many compliance gaps emerge simply because older employment documents have not kept pace with legislative updates.
Contracts and position descriptions should be reviewed to ensure they accurately reflect:
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Correct engagement terms (casual, part-time, full-time).
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Ordinary hours vs. reasonable additional hours.
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After-hours contact and connectivity expectations.
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Standby, on-call, and allowance arrangements.
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Applicable Modern Award classifications and salary offset clauses.
4. Managers need practical guidance, not just policy updates
Most day-to-day employment risks happen on the ground: an after-hours text message, a casual promised regular shifts indefinitely, or an unaddressed payroll query.
Updating documentation is only half the battle. Team leaders and frontline managers need clear, practical guidance so they understand what has changed and how to handle routine situations compliantly.
What should businesses do next?
Employment law changes are not just legal theory they affect how businesses communicate, roster, pay, and lead their teams every day.
A practical starting point is completing a targeted workplace compliance check across:
- Employment contracts & position descriptions
- Casual workforce arrangements & conversion processes
- Right to disconnect expectations
- Manager communication habits
Small compliance gaps can quickly become costly if left unaddressed. Taking proactive steps now ensures your business stays compliant while remaining practical, agile, and commercially sound.