Source data
Australian Fair Work commencement dates, contact scope and reasonableness factors
Sources checked
- 01Identify working hours
The right concerns contact outside them Source 2
- 02Identify who made contact
Employer or work-related third party Source 2
- 03Check the legal requirement
A refusal is unreasonable if the contact is required by law Source 2
- 04Read the circumstances
The Act lists factors that must be considered Source 2
- 05Discuss disputes at work
An unresolved dispute can go to the Commission Source 3
Follow the contact, the reasonableness test and the workplace dispute process.
Australian Fair Work commencement dates, contact scope and reasonableness factors
The records cover the national workplace system. The Act and workplace instruments determine how the rule applies in a particular job.
| Source | |||
|---|---|---|---|
| Start date | Non-small-business employers | 26 August 2024 | Source 1 |
| Start date | Small-business employers | 26 August 2025 | Source 1 |
| Contact scope | Employer contact outside working hours | The employee may refuse unless that refusal is unreasonable | Source 2 |
| Contact scope | Work-related third-party contact | The same test applies when the contact relates to the employee’s work | Source 2 |
| Reasonableness | Purpose and manner of contact | Consider the reason, how contact was made and the disruption | Source 2 |
| Reasonableness | Pay, role and responsibility | Consider compensation for availability or extra work and the employee’s role | Source 2 |
| Reasonableness | Personal circumstances | Consider circumstances including family or caring responsibilities | Source 2 |
| Legal requirement | Contact required under a law | The Act treats refusal as unreasonable in this case | Source 2 |
| Dispute | Workplace discussion | The parties first try to resolve the matter at work | Source 3 |
| Dispute | Unresolved workplace discussion | Either side can apply to the Fair Work Commission | Source 3 |