A four-member FWC full bench has formally put on hold a review of the right to disconnect provisions, due to a paucity of case law, but recent commentary by tribunal president Adam Hatcher and leading academic lawyer Andrew Stewart indicate the jury is still out on the reasons for the litigation deficit and the impacts of the reforms.
With the FWC seeking feedback by early next month on whether to hold off on reviewing its insertion of right to disconnect terms into awards, a leading employment and IR barrister and former critic of the legislation says the lack of test cases is "remarkable".
A leading employment and IR barrister says the four-day working week, working from home and the right to disconnect are part of an unavoidable reorganisation of working hours that is set to become "the big issue of our time".
