Employees now have a legal right to switch off outside of work hours under Australia’s new ‘Right to Disconnect’ laws.
It comes after the Government passed Industrial Relations reforms (measures for workers) earlier this year.
The measures mean workers now have the legal power to “refuse to monitor, read, or respond to” work-related contact outside working hours.
Here’s how it will work.
Background
The Government tabled workplace reforms last year before a Senate committee examined a proposal to address concerns about employee expectations outside work hours.
It found some workers were being driven to exhaustion from pressure to be available to work outside their usual hours. It said the right to disconnect from work was an “aspect of work-life balance that needs to be protected”.
‘Right to disconnect’ legislation was passed in February.
What is the ‘Right to disconnect’ law?
A legal right to disconnect is designed to support workers who choose not to respond to “unreasonable contact” outside of paid hours.
It won’t stop employees from choosing to work after hours.
Workers can complain about potential breaches by employers to the Fair Work Commission (FWC).
Employers will also be able to raise disputes with the body, if they think an employee is refusing to answer reasonable calls or requests.
Employment Minister Murray Watt told TDA the laws are designed to “do something about the deep intrusion that modern technology is having on people’s lives.”
He said the right to disconnect will only apply in “reasonable” circumstances.
“It‘s reasonable for an employer to call someone to see if they’re available for a shift when someone has just called in sick.
“It’s not reasonable for [a boss] to be contacting someone when they are about to give birth.”
Unions
The Australian Council of Trade Unions (ACTU) pointed to Australia Institute research that found the average employee works 280 hours of unpaid overtime a year.
ACTU President Michele O’Neil told TDA: “It became clear more and more workers were being put under pressure to work outside of hours and not get paid for it.”
O’Neil argued that “in many cases” staff are not contacted because of an “emergency,” but due to “their employer being badly organised”.
Criticism
The Australian Industry Group is the peak national industry association. It warned employers could face unintended consequences as a result of this law.
CEO Innes Willox told TDA there’s “no clear guidance around how the law will potentially be interpreted by regulators and courts”.
Opposition leader Peter Dutton has promised to scrap the legislation if the Coalition wins the next election.
