Right to Disconnect: What Employers Need to Know
Updated: Sep 26
Starting August 26, 2024, a new workplace law will take effect that grants eligible employees the "right to disconnect" outside of their working hours. This change could have a significant impact on how you manage employee communication and expectations. Here’s what you need to be aware of and how to prepare.
What is the Right to Disconnect?
From August 26, 2024, for larger businesses (and from August 26, 2025, for small businesses), eligible employees will gain the right to disconnect from work outside of their official hours. This means that employees can refuse to monitor, read, or respond to any work-related contact from their employer or third parties once they’ve clocked out, unless their refusal is deemed unreasonable.
This right also covers any attempts to contact the employee outside their working hours.
When is Refusal Considered Unreasonable?
Determining whether an employee’s refusal to stay connected is unreasonable will depend on several factors:
Reason for Contact: Why the contact is necessary.
Nature of the Contact: How the communication is made and its potential disruption to the employee.
Compensation: Whether the employee is paid or compensated for being available or for working beyond their standard hours.
Role and Responsibility: The employee’s position and level of responsibility within the company.
Personal Circumstances: Including the employee’s family or caregiving duties.
These are not the only factors—other considerations may come into play depending on the specific situation.
Awards and the Right to Disconnect
By August 26, 2024, all industry awards must include a ‘right to disconnect’ provision. This means that awards will be updated with specific rules that explain how this new right will apply to different sectors and job types. It’s essential to stay informed about how these changes will affect your industry.
Handling Disputes
Disputes over an employee’s right to disconnect should first be addressed at the workplace level. If a resolution isn’t possible internally, either party—employee or employer—can bring the issue to the Fair Work Commission.
The Commission has several tools at its disposal, including:
Issuing a stop order to prevent further contact.
Facilitating discussions or holding a conference to resolve the dispute.
Using a combination of the above methods.
Understanding the Role of the Fair Work Ombudsman vs. the Fair Work Commission
It's important to clarify that the Fair Work Commission is the national workplace relations tribunal, handling disputes and regulating registered organisations. On the other hand, the Fair Work Ombudsman provides advice and assistance on workplace laws.
Protections Under the Right to Disconnect
The right to disconnect will also be recognised as a workplace right under general protection laws. These protections ensure that all employees have specific rights under the Fair Work Act, which must be respected by employers.
Action Steps for Employers
Review Communication Policies: Update your internal policies to reflect the new right to disconnect and ensure all employees are aware of their rights and responsibilities.
Adjust Work Expectations: Consider how this new law might impact roles that traditionally involve after-hours contact and develop strategies to manage these changes effectively.
Prepare for Award Updates: Stay informed about changes to awards that apply to your industry and ensure compliance with the new requirements by the deadline.
Manage Disputes Proactively: Develop a clear process for handling disputes related to the right to disconnect to avoid escalation to the Fair Work Commission.
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