Senator the Hon Michaelia Cash

Shadow Attorney-General

Shadow Minister for Employment and Workplace Relations

Deputy Leader of the Opposition in the Senate

Senator for Western Australia

MEDIA RELEASE

3 JUNE 2024

TONY BURKE’S DEPARTMENT IS DISCONNECTED FROM HOW THE RIGHT TO DISCONNECT LAWS WILL AFFECT AUSTRALIAN BUSINESSES

Tony Burke’s Department of Employment and Workplace Relations can’t give Australian businesses or employees guidance on how the right to disconnect laws will affect them.

Answering questions from Shadow Minister for Employment and Workplace Relations Senator Michaelia Cash at a Senate Estimates hearing today department officials admitted they would not offer guidance to businesses or employees that contacted them about the legislation which will come into effect in August.

Department Secretary Natalie James told the hearing that if a business called the Department seeking information, they would be referred to the Fair Work Ombudsman.

Ms James conceded that might appear like the Government was “passing people around”.

Officials said at this stage neither the FWO or Fair Work Commission had published formal guidance for businesses or employees on how the right to disconnect would work in practice.

The Department said the FWC has responsibility to produce the guidelines and they “understand” the guidelines will be ready for August 26 when the laws commence.

The FWO also has a statutory requirement to provide education and advice on the laws.

“It is absolutely ridiculous that the Department which oversaw this legislation can’t give advice to Australian businesses or employees on how the laws will affect them,’’ Senator Cash said.

“Businesses need time to get arrangements in place and its not good enough that they can’t get guidance on these matters in a timely way,’’ she said.

ENDS