The “right to disconnect.”

Starting from Monday (yes, today!), many Australian workers will have a new tool in their arsenal to maintain work-life balance.

The “right to disconnect.”

This new provision may allow your employees to refuse work-related contact outside their standard working hours without facing repercussions. Like most things, there are exceptions, and it can get complicated.

The pandemic blurred the lines between work and personal life, with many of us finding that work was ever-present in our homes. The introduction of the right to disconnect is an effort to redraw these boundaries, granting employees the right to ignore work emails, messages, and calls outside of work hours unless there are reasonable grounds for contact.

But what does this mean for employees?

Essentially, if you’re a “national system employee” (the overwhelming majority of people in the private sector), starting August 26, 2024, your employer may be restricted from penalising you for not answering that late-night call or email. However, this right doesn’t apply to everyone just yet.

small businesses have until 2025 to adjust, and high-income earners above $175,000 may not be covered under these new rules.

Why is this important?

Researchers have stated that less “unpaid” overtime (not easily defined) can significantly reduce stress and burnout. Dr. Gabrielle Golding from the University of Adelaide highlights that Australians are giving away up to $131.2 billion annually in unpaid hours.

While it’s claimed the right to disconnect is a step towards ensuring employees can fully switch off, ultimately leading to more productive and refreshed workers, we are concerned the ‘problem’ is way overstated and may actually remove a lot of the flexibilities people have negotiated with their employer.

Business groups also reflect that view, arguing that this could lead to undermining flexible work arrangements. Of course, unions welcome the change, seeing it as a victory, chalking up another win.

So, how does this work in practice?

While the new laws don’t stop an employer making work-related contact after hours, they do give employees the right to not respond without fear of discipline. However, the context matters—what’s the reason for the contact? How disruptive is it to your personal life? Is there compensation for the inconvenience? are you paid enough to be expected to respond out of hours? and more questions will be asked if disputes make it to the Commission for arbitration.

The Fair Work Commission has been granted the power to resolve any disputes and clear up the meaning of it all in practice.

The Commission will mediate or issue orders to protect employees from unreasonable after-hours demands. Of course, they can also order an employer to cease unreasonably refusing to respond.

The HR Cartel has developed policies and contract clauses to keep up with the Right to Disconnect and what it means for relations between employers and their people. If you need some clarity, reach out on 1300 138 211 or contact us here.