From 26 August 2024 employees of medium-sized to larger businesses (employing 15 or more employees) will have the right to:
Whilst no definition of ‘contact’ is provided it is expected to encompass calls, emails, intranet messages, SMS messages, direct messaging, and however you usually communicate with your people. Both contact and attempted contact will be caught.
For small businesses, the new rules will apply from 26 August 2025.
Both employees and employers will be able to take disputes to the Fair Work Commission, particularly where an employee has refused an employer, client or coworker contact, or objects to such contacts outside their working hours.
The Commission will be able to make orders if it is satisfied that:
The FWC may make any order it considers appropriate to prevent:
Where a dispute arises in relation to out of hours contact, the Commission will consider a range of matters to determine whether the employee’s refusal to read, monitor or respond to contact is reasonable, including:
Where the Commission makes orders, they need to be complied with. An employer breaching an order may be exposed to fines of up to $18,780 for an individual and $93,900 for a body corporate.
Employees need to be aware of the new Right to Disconnect, able to answer questions from their employees, supervisors, shift managers etc, be confident of when it may or may not be reasonable to require employees to monitor for and/or respond to contact outside their usual working hours, and be able to update policies and procedures where necessary.
Employers may also need to counteract any misperceptions that there is a blanket ban on contacting employees once their shifts end.
Ai Group was engaged with key decision makers throughout the passage of the new Right to Disconnect in early 2024 and will be at the forefront of its implementation.
Our expert team can work with your business to ensure your implementation of the right to disconnect reflects what is and is not required and is as practical and consistent with the needs of your business and its clients as possible.
There are many ways Ai Group can help you to navigate the new right to disconnect.
Ai Group members can:
Ai Group & Ai Group Workplace Lawyers can also provide more detailed assistance on workplace issues, including your implementation of the Right to Disconnect.
Not a member? Request a call or get in touch on 1300 55 66 77.
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The 'Right to Disconnect' is a new addition to Australia's employment laws. Employers need to know what they can and cannot do when the new law comes into force from 26 August 2024.
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