Preparing for ‘The Right to Disconnect’
The Fair Work Legislation Amendments (Closing Loopholes No. 2) Act 2024 received Royal Assent on 26 February 2024. This means that on 26 August 2024, most employees in Australia will have the right to disconnect outside of work hours. This will take effect for small businesses one year later, on 26 August 2025.
This new legislation is coming about in response to growing concerns about work-related mental health issues linked to stress, overwork and the exhaustion some employees were feeling due to the expectation upon them to be available outside of hours.
Employees will have the right to refuse contact or attempted contact from their employer and third-party contacts. They have the right not to communicate; they do not need to monitor, read, or respond to emails, calls, texts, or other work-related messaging platforms outside their agreed working hours unless the refusal is unreasonable.
To determine whether the attempted contact or contact is unreasonable, the main factors that need to be considered are:
- The urgency of the reason for contact
- The nature of the employee’s role and level of responsibility
- The employee’s personal circumstances, including family and caring responsibilities
- Whether the employee is compensated for being available when contact is attempted or made
- Whether the employee is adequately compensated for working additional hours outside their typical hours of work
Disputes
Disputes about an employee’s right to disconnect should first be dealt with and hopefully resolved within the workplace.
However, the employer or employee can go to the Fair Work Commission to deal with the dispute if a resolution cannot be reached. The Fair Work Commission may make orders that:
- Prevent an employee from unreasonably refusing contact with their employer
- Prevent an employer from contacting an employee outside of work hours
- Prevent an employer from taking disciplinary action against an employee because of the employee exercising their right to refuse contact outside of their normal working hours
What should employers do now?
There are several things employers can do now to prepare for the new right and navigate the change effectively:
Review contracts and position descriptions
The focus should be on clauses around salary, duties, and remuneration to ensure employees are adequately compensated for the expectation of being contactable outside of normal working hours.
Review internal policies and procedures
Check whether the policies and procedures include anything regarding employees being contactable outside their normal hours. Prepare policies on working outside of the contracted hours.
Provide staff training on the Right To Disconnect
Managers should undergo training to ensure they are aware of the upcoming changes and know not to treat employees adversely if they refuse contact outside their hours. Employees will also need training and information regarding this new legislation.
Do you need help preparing for these upcoming changes? Contact the Strawberry Seed team. Click here to learn how we work and to schedule a meeting.
