The introduction of the Right to Disconnect marks a significant shift in Australian workplace laws. It aims to create more explicit boundaries between employees’ work and personal lives.
This right is now part of the Fair Work Act 2009 (Cth) and applies to all modern awards. Non-small businesses are already required to comply as of 26 August 2024, and small businesses by 26 August 2025.
If your business employs staff under modern awards, it’s time to pay attention as we explore the Right to Disconnect and what steps employers can take to ensure compliance.
What Is the Right to Disconnect?
The Right to Disconnect allows employees to refuse to monitor, read, or respond to work-related communications outside their ordinary working hours unless the refusal is unreasonable.
Examples of contact include:
- Emails
- Text messages
- Phone calls
- Work-related messaging platforms
The law aims to prevent unnecessary intrusions into employees’ time, improve work-life balance, and ensure businesses can still manage legitimate after-hours needs.
When Can an Employee Refuse Contact?
The Right to Disconnect is not absolute. An employee’s refusal to respond must not be unreasonable. Factors influencing this include:
- The reason for the contact and its urgency.
- How the contact is made and whether it disrupts the employee’s personal life.
- Whether the employee is compensated for being on call.
- The nature of the employee’s role and level of responsibility.
For example, a paid on-call employee or a senior executive managing a critical issue may reasonably be expected to respond.
What Does This Mean for Employers?
The Right to Disconnect does not entirely ban after-hours communications. For example, an email sent after hours that doesn’t require an immediate response would still be acceptable. However, under this new law, unnecessary contact expecting a response outside of working hours could lead to disputes.
As an employer, you must also consider third parties, such as customers, who may contact employees outside of work hours. It is the employer’s responsibility to address any unreasonable expectations these parties place on employees.
Resolving Disputes
If disputes arise, employees and employers must first attempt resolution at the workplace level. If unresolved, the matter may be escalated to the Fair Work Commission to make orders to:
- Prevent unreasonable contact from employers.
- Prevent unreasonable refusal from employees.
- Prohibit adverse action against employees exercising their Right to Disconnect.
These powers underline the importance of clear communication and workplace policies to avoid disputes.
Steps to Prepare Your Workplace
As an employer, you can take proactive steps to align your workplace with the Right to Disconnect laws:
- Review employment contracts to include clear expectations around after-hours availability.
- Audit employee remuneration to ensure fair compensation for on-call roles.
- Develop a Right to Disconnect policy outlining acceptable and unacceptable after-hours contact.
- Train managers on the new laws to ensure compliance and consistency.
- Leverage technology, such as auto-reply messages and tools that flag truly urgent emails.
Legal Guidance Matters
The Right to Disconnect introduces new responsibilities for employers, and non-compliance can lead to significant disputes. Partnering with experienced workplace and employment lawyers can ensure your policies, contracts, and practices are fully compliant.
At City Pacific Lawyers, we assist businesses in implementing practical solutions for evolving workplace laws. From drafting policies to training your leadership team, we provide guidance to navigate these changes confidently.
Contact us today to learn how we can support your business.