The landscape of employment rights in Australia is poised for significant change following the Senate’s approval of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Bill) on 8 February 2024. This Bill introduces changes to the Fair Work Act 2009 (Cth), specifically addressing employee’s ‘right to disconnect’ from work. Expected to take effect six months after receiving Royal Assent, these amendments carry substantial implications for businesses and employers. This article explores the potential ramifications of the proposed changes and offers guidance on how organisations can prepare.
The Right to Disconnect
The new right will enable employees to disconnect from ‘unreasonable’ outside-of-work contact from employers to safeguard employee’s personal time and promote a healthier work-life balance. In particular, the right mandates that employees are not obligated to monitor, read, engage or respond to any form of ‘unreasonable’ communication from their employer during non-working hours. The right will also be incorporated into the National Employment Standards.
The Fair Work Commission (FWC) will have the power to determine what is ‘unreasonable’, which will be evaluated based on the contact reason, method, the employee’s remuneration, the employee’s role, and other personal circumstances.
The introduction of a right to disconnect presents practical challenges for employers, particularly those with global operations spanning multiple time zones. Managing disruptions to operations and addressing logistical complexities will be key considerations for employers. In cases of disputes over the right to disconnect, it is proposed that resolution efforts must first take place at the workplace level between the employee and employer. If unresolved, either party can seek intervention from the FWC, which can issue orders to cease unreasonable out-of-hours contact or through the provision of alternative dispute mechanisms.
Key Business Considerations
To effectively navigate these changes, employers should take proactive measures. This might include reviewing and updating policies and procedures to align with the amendments introduced by the Bill. Additionally, employers may consider establishing systems to monitor when and if employee work activities extend outside standard hours. This would enable employers to track and address any potential breaches of the right to disconnect before the Bill takes effect.
Employers might also consider providing training to managers in relation to these time restrictions, which can support fostering a culture that values work-life balance and discourages unnecessary contact outside of working hours. This can be supported through clear communication regarding email and other task expectations. This ensures that employees understand when they are expected to be available and when they have the right to disconnect.
By embracing flexibility and prioritising employee wellbeing, Australian businesses can navigate the evolving workplace legislation and cultivate a culture of respect, balance, and productivity for employees. A proactive approach not only ensures compliance with the law but also fosters a positive work environment that supports the overall success of the business.
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