August 26th, 2024
Starting your own agency? Get it off the ground in five simple steps
Property Management
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The right to disconnect
There’s a new law in town, causing waves of commentary across the industry: the right to disconnect. Is this viable, can it realistically be achieved and what does this mean for Aussie Property Managers?
What is the right to disconnect law?
In short, outside of work hours, eligible employees can refuse to monitor, read or respond to contact from an employer or another person, if the contact is work-related, unless that refusal is unreasonable.
What is unreasonable refusal?
While the law is new in Australia and has yet to be challenged, Fair Work has provided the following factors as guidelines for consideration:
- the reason for the contact
- how the contact is made and how disruptive it is to the employee
- how much the employee is compensated or paid extra for
- being available to perform work during the period they’re contacted, or
- working additional hours outside their ordinary hours of work
- the employee’s role in the business and level of responsibility
- the employee’s personal circumstances, including family or caring responsibilities
Who will this apply to?
For non-small business employers, meaning 15 employees or under, the law comes into effect from 26 August 2024. Casual employees aren’t included unless they’re engaged on a regular and systematic basis.
Small business employers have an additional 12 months to prepare for the changes, with the law coming into effect from 26 August 2025.
The good news
The laws will apply to most industries, and all states and territories of Australia so most clients will be aware of the changes.
Opportunities for Property Managers
The award updates provide an opportunity for real estate professionals to reflect on their communication practices, update any areas that could be improved and re-connect with clients around the changes.
Tech features to support the right to disconnect
PropertyMe has a consumer mobile app that has a range of features that allow Property Managers to disconnect and recharge in their downtime, including the ability for tenants to pay rent, log maintenance and view their documents including ledgers to check paid-to dates. Owners can see upcoming bills, check their income over time and view and retrieve statements.
With this technology enabled Property Managers no longer need to be available around the clock to facilitate information requests, but still provide amazing customer experiences for their Landlords and Tenants by putting the information at their client’s fingertips 24/7 through the app
We’ve created a quick list of resources for you to get your Landlords and Tenants started today!
1. Check the status of your portfolio engagement
Review Client Access Reports and re-send invitations to those pending.
2. Send an SMS Template or Email Template to encourage clients to download the app to access information 24/7
Template for Landlords:
Do you like to catch up on details after hours? The PropertyMe App is created just for that! Download the app here to access financial insights, upcoming activities, repairs and quotes, inspection reports, documents and Property Manager contact information.
Template for Tenants:
Do you like to catch up on details after hours? The PropertyMe App is created just for that! Download the app on iOS or Google Play to see when rent and invoices are due, manage payments through MePay, download and share documents from your phone, log and track maintenance requests, see upcoming events and inspections and contact your Property Manager directly.
3. Update contact details
Review the Undelivered Messages report to view all bounced or undeliverable messages. Contact clients with out-of-date email and phone numbers.
4. Update auto-replies
Create auto-replies with message templates including your contactable hours and emergency contacts if required.
Hi [Name],
Thanks for contacting us!
Our business hours are 8am to 6pm Monday through Friday are currently offline,
but aim to respond shortly.
Did you know you can access information through the PropertyMe App 24/7? Simply download it on iOS or Google Play to get started.
If you need assistance regarding an urgent matter or emergency repair, please contact our after-hours team on [contact], or designated emergency tradespersons [contact].
Kind regards,
[Signature]
5. Provide contact options
Add phone contact hours to your email signature to encourage clients to contact you during business hours. For example:
Need to chat? I can be contacted via 0400… between 8am and 6pm Monday to Friday.
For an urgent matter outside of these times, please contact our after-hours team on 0400…
Additional changes to employment law coming into effect on 26 August 2024
Changes to casual employment
Definition of ‘casual employee’
The existing definition of ‘casual employee’ in the Fair Work Act will be replaced with a new one. The new definition says that an employee is a casual only if:
- there isn’t a firm advance commitment to continuing and indefinite work, factoring in the real substance, practical reality and true nature of the employment relationship
- the employee is entitled to be paid a casual loading or a specific pay rate for casuals
New pathways for casual conversion
A new pathway will be introduced for eligible employees to change to permanent employment if they want to, replacing the previous rules for casual conversion.
New rules against:
- dismissing or threatening to dismiss employees to engage them as a casual
- making certain misrepresentations in relation to casual employment
Independent contractor changes
Definition of employment
New definitions of ‘employee’ and ‘employer’ will be added into the Fair Work Act, and some exceptions to the application of these definitions.
When determining whether a worker is an employee or an independent contractor, consideration must be given to the:
- real substance, practical reality and true nature of the relationship
- whole relationship between the parties, including the terms of the contract and how the contract is performed in practice.
The whole of relationship test
From 26 August 2024, the whole of relationship test must be used by certain businesses to work out if a worker is a contractor or an employee. This applies to constitutionally covered businesses.
Unsure if you are a constitutionally covered business? A business with ‘Pty Ltd’ or ‘Ltd’ in its business name is usually a constitutional corporation, further information is provided by Fair Work.
Unfair contract disputes
The Fair Work Commission can now deal with disputes about unfair contracts for independent contractors.
A full list of the new Fair Work laws coming into effect on 26 August 2026 can be found here.For more information on any of the changes, please visit the Fair Work Commission website.
Disclaimer: This guide is intended for informational purposes only and should not be construed as professional advice. For specific advice, consult with a legal professional.
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