Right to Disconnect

The second major change to the Fair Work Act in August is in response to employees wanting better work life balance. The Right to Disconnect will allow eligible employees will have the right to refuse employer or third party contact outside of their working hours. This legislation will come into effect for non-small business employers from 26 August 2024, for small business employers (under 15 employees) it will be effective from 26 August 2025. 

What is reasonable contact?

There are several factors that must be considered when determining whether the contact that is made with an employee is reasonable, or an employees refusal to be contacted outside of their working hours is unreasonable.  These factors include;

• The reason for the contact
•  whether the employee is compensated or paid extra to be available or to work out side there ordinary working out
•  the nature of the employee's roll and level of responsibility
•  the employees personal circumstances including family or caring responsibilities 

Changes to Modern Awards

These changes will be added to all modern awards effective of the 26th of August 2024.  There will be specific rules added to Awards to explain how this will apply inside different industries and occupations. 

Remember that it is illegal to penalise employees for exercising their right to disconnect and the right does not mean a blanket ban on all after hours contact. 

What do employers need to do?

• Read the right to disconnect information sheet from the Fair Work Commission.
• Identify and limit unnecessary out of hours contacts within your business. 
• Educate your managers and employees on the right and its implications inside your specific business. 
• Add the right to disconnect in your HR policy manual and review your employment contracts. 
• Utilise technology - out of office hours, email timestamps, hold rules. 
• Set expectations with clients and suppliers around respecting boundaries.

Need help?

If you would like assistance with preparing your Right to Disconnect Policy or in understanding how this will operate inside your business then we would love to assist. Get in touch here.