These amendments will introduce an employee’s right to disconnect into the Fair Work Act 2009, which makes clear that employees are not required to monitor, read, or respond to employer or work-related contact out of hours, unless refusing to do so is unreasonable.
What has changed?
The right to disconnect will inform how employers and employees interact outside of working hours. The right does not prohibit employers from contacting their employees, nor does it prevent employees from contacting one another, including across time zones. Rather, the employee will be able to refuse to monitor, read or respond to contact, or attempted contact outside of working hours, when they are not expected to be working or paid to be working, as long as doing so is not unreasonable.
There are factors to help determine whether an employee’s refusal to monitor, read or respond to contact is unreasonable, which include:
• the reason for the contact or attempted contact,
• the method of contact and level of disruption it causes the employee,
• whether the employee is being compensated to remain available or perform additional work outside ordinary hours,
• the nature of the employee’s role and the employee’s level of responsibility, and
• the employee’s personal circumstances (including family or caring responsibilities).
What do these changes mean?
The employee right to disconnect will encourage employers and employees to talk about contact out of hours and set expectations that suit the workplace and the particular role. These changes ensure employees know when they can switch off during non-working hours. There are no obligations that limit employers or others from contacting or attempting to contact employees – just protections for employees who reasonably switch off. Nothing prevents employees working in different time zones contacting each other during their respective work hours.
When will these changes come into effect?
The right to disconnect will apply to national system employees and employers, other than those in small business employers, from 26 August 2024. Modern awards will include a right to disconnect term from this date.
For small business employers and employees, this measure will not commence until 26 August 2025, providing additional time for these employers and employees to make arrangements that suit their workplace.
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