The new workplace right to disconnect will come into force later this month from 26 August 2024, unless you’re a small business employer in which case it will be effective from 26 August 2025.

This new workplace right means that employees now have the right to refuse to monitor, read or respond to contact (or attempted contact) from an employer or work related third party (for example a client, customer or supplier) outside the employee’s working hours unless the refusal is unreasonable.  The Fair Work Act outlines a number of factors that must be taken into account in determining whether the refusal is unreasonable.

It goes without saying that this will impact the way a large number of Australian businesses operate and conduct work – and there won’t be a one-size-fits all approach for employers to ensure compliance.  However, there are some key things that all business can and should be giving consideration to:

• Employment Contracts – Review and edit clauses to reflect this new employee right and clarify the type of reasonable out of hours contact that may be required.
• Right to Disconnect Policy – Consider drafting a policy or guidelines which makes clear how the business will seek to operate within the bounds of this new employee right and again clarify the scenarios that may require an employee to reasonably respond.
• Review of Roles, Tasks and Wages – some organisations will need to review roles, tasks and wages to determine if it’s appropriate and reasonable that employees be expected to monitor and respond to communication outside of their normal working hours.
• Education and Training – for managers, team leads and employees alike, on what this means for your business and changes that may be needed to communication, client expectations and other internal processes.

To prepare for these upcoming changes we recommend scheduling in a 30-minute consultation call with ResolveHR to determine how this new law may impact your business.

Nick Hedges is the founder of Resolve HR, a HR consultancy specialising in providing workplace advice to managers and business owners. He recently published his first book, “Is Your Team Failing or Kicking Goals?”. It is a practical response to the most pressing HR challenges, which can be found at https://resolvehr.com.au/.
 
Disclaimer: The contents written do not constitute legal advice and does not cater for individual circumstances.   The information contained herein is not intended to be a substitute for legal advice and should not be relied upon as such.