"The impending introduction of Right to Disconnect laws threatens to cause conflict and chaos in our workplaces, which is the last thing Australians need as they try to deal with cost of living pressures," Innes Willox, Chief Executive of the national employer association Ai Group said today.
"The new measures will be perilous for both employers and employees. Just days from their introduction, employers unfortunately still have no clear guidance around how the law will potentially be interpreted by regulators and courts as they deal with the inevitable challenges to their application.
"Undoubtedly due to its complexity, the Fair Work Commission has been unable so far to provide advice on what 'reasonable' actually means when determining when an employer can contact an employee outside of normal working hours. The law comes into effect on Monday.
"There are already provisions through awards that regulate when contact can be made or when employees are asked to work unreasonably outside of normal working hours. Outside hours contact as required is already factored into many relevant awards.
"The laws are an unnecessary overreaction to a problem for which there is little evidence existed. They also introduce legal complexity and conflict to issues that when they have arisen have been dealt with at the workplace level.
"The laws came literally and figuratively out of left field, were introduced with minimal consultation about their practical effect and have left little time for employers to prepare.
"The laws are a lazy mimicking of similar proposals in a small range of jurisdictions, primarily in Europe, to fulfil a union wishlist. They were introduced very late in the legislative drafting process leaving little time for all parties, including its advocates, to understand the consequences.
"It is notable that the newly elected United Kingdom Government has resisted union pressure to legislate with criminal penalties around right to disconnect provisions. It has instead chosen to push for a code of conduct for larger employers.
"Australia has again chosen to wield a sledgehammer to crack a nut. A heavy handed, one size fits all approach complete with criminal penalties for employers is simply a recipe for conflict, distrust and will inevitably lead to a reduction in mutually agreed workplace flexibility.
"Not one extra job will be created by these laws. They will only increase job insecurity and put a further handbrake on our economy," Mr Willox said.
Media enquiries
Gemma Daley – 0418 148 821
