People can now “refuse to monitor, read, or respond to” their employers’ attempts to contact them outside work hours -- unless that refusal is deemed “unreasonable”.
This Bill amends the Fair Work Act 2009 to prevent employers from contacting employees outside work hours and ensure employees are not required to monitor, read or respond to email, telephone calls or any other kinds of communication from an employer outside their working hours. This is achieved by adding the right to disconnect outside of working hours to the National Employment Standards.
With the rise of digital communication tools, many employees find themselves overwhelmed by work-related emails, calls, and messages even outside of regular working hours.
However, new union-backed legislation has now granted most workers the Right to Disconnect. This right ensures that employees have greater protection against being contacted after work hours or being expected to monitor emails or phone calls when they are off duty.
This significant reform is designed to safeguard workers' personal time, allowing them the necessary space to recharge and maintain their mental and physical well-being.
"Basically, what it means is that an employer isn't able to contact you outside of working hours anymore unless it's deemed reasonable for them to do so,"
What is the Right to Disconnect?
Starting from August 26, 2024 (or August 26, 2025, for small businesses), the Fair Work Act entitles most employees to refuse monitoring, reading, or responding to work-related communications outside of working hours—unless such refusal is deemed unreasonable.
This right also applies to third-party communications that are work-related.
Who is covered by the Right to Disconnect?
The Fair Work Act, which enshrines the Right to Disconnect, applies to the majority of Australian employees. Workers who already have a stronger right to disconnect under their existing employment agreements will retain those rights.
What constitutes reasonable after-hours contact from an employer?
There are certain situations, such as emergencies, where after-hours contact from an employer may be considered reasonable. Additionally, depending on the role, some after-hours contact might be expected, making refusal unreasonable.
The Fair Work Act outlines several factors to determine whether refusing contact is unreasonable, including:
The purpose of the contact
The method of communication and the level of disruption it may cause (e.g., an email is generally less disruptive than a phone call or text message)
Whether the employee is compensated for being available or for additional hours worked
The nature of the employee's role and their responsibilities
The employee's personal circumstances, including family or caregiving duties
If you believe that responding to after-hours communication is reasonable in your situation, you should discuss the matter with your employer or seek advice from your union if you are a member.
How can I exercise my right to disconnect?
To invoke your right to disconnect, the first step is to discuss the issue with your employer. This could involve reasonably refusing to perform after-hours tasks or declining to monitor, read, or respond to after-hours communications. Your union can assist with this process.
If the issue remains unresolved within the workplace, you can apply to the Fair Work Commission, which can order the employer to adhere to the Right to Disconnect legislation.
Can I be disciplined for ignoring after-hours work communications?
While the Right to Disconnect laws offer employees greater protection, the right is limited to situations where refusing after-hours communication is considered reasonable. If you refuse a reasonable request from your employer, you may still face disciplinary action. If you're a union member, your union can provide specific advice tailored to your situation.
“Australian unions have reclaimed the right to knock off after work.”
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