Starting on 26 August 2024 for non-small business employers and 26 August 2025 for small business employers, a significant change is coming to workplace relations in Australia.
Eligible employees will now have a new right to disconnect outside of work hours. This change is a result of a push to promote work-life balance and protect employees’ personal time.
Key Points:
- Right to Refuse Contact: Employees can refuse to monitor, read, or respond to contact from their employer or a third party outside of their working hours, unless such refusal is deemed unreasonable
- Coverage: The right to disconnect includes attempted contact outside an employee’s working hours
- Factors for Reasonableness: Several factors determine whether an employee’s refusal is unreasonable, including:
- The reason for contact
- Whether the employee is compensated or paid extra for:
- Being available to be contacted within a specific period
- Working additional hours outside their ordinary work hours
- The nature of the employee’s role and level of responsibility
- The employee’s personal circumstances, including family or caring responsibilities
- Dispute Resolution: Disputes regarding the right to disconnect should be initially discussed and resolved at the workplace level. If unresolved, employees or employers can approach the Fair Work Commission for resolution
- Workplace Right: The right to disconnect will be a workplace right under general protection laws, safeguarding employees’ rights under the Fair Work Act
- Award Inclusion: By 26 August 2024, all awards will be required to include a ‘right to disconnect term,’ specifying how this new right applies across various industries and occupations.
Note: this change will come into effect for small business employers from 26 August 2025.
What Should Employers Do?
- Review Contracts: Check employment contracts and position descriptions to see if employees are paid with the expectation of being contactable outside normal working hours
- Assess Policies: Evaluate and develop current policies and procedures regarding contacting employees after hours
- Train Managers: Ensure managers understand the new rules and do not penalise employees for reasonably refusing after hours contact
- Inform Employees: Consider providing training and information to employees about their new right to disconnect.
Need assistance?
At Allan Hall HR, we have a team of experienced HR consultants. Please call us on 1300 916 764 or contact us here to discuss any questions you may have in regard to the right to disconnect, how this might impact your business and implementing related policies and procedures. To learn more about our services, please click here.