Right to Disconnect now in effect to improve work-life balance

As of Monday 26 August 2024, businesses with 15 employees or more have the legislative “right to disconnect”.

What is the “Right to Disconnect”?

Employees now have the right to refuse contact from their employer or third party (contractors, clients, vendors etc.) outside of their standard business hours. This extends to having the right to refuse to monitor, engage or receive contact from their employer outside of their working hours so long as it is unreasonable.

From August 2024, all employees (non-small business) will have the legislated right to disconnect

This newly introduced employment condition in Australia does not mean that employers or clients cannot attempt contact with employees. However, it does give employees the legislative right to refuse to monitor or respond to work related requests or communication.

What is considered unreasonable with the “right to disconnect” law?

There are a number of factors and considerations that need to be taken into account when determining if an employee’s refusal is unreasonable and include:

• Motive for contact
• How the contact is made and if it is disruptive
• Additional compensation for:
  • Performing work related tasks outside of scheduled hours
  • Availability to undertake role-specific tasks within the period they are contacted
• Employee’s role within the organisation and their responsibilities
• Personal circumstances (ie. family or caring responsibilities)

The above is not a comprehensive list of considerations, however they are some of the key ones mentioned on the official “Right to Disconnect” Fair Work page.

Disputes and further information about this legislation

Any escalated disputes relating to this legislation can be taken up with the Fair Work Commission. This extends to issuing orders relating to if an employee stops refusing to monitor or respond to contact if this refusal can be categorised as unreasonable.

Before this step, it must be evident that attempts have been made at an organisational level to deal with this dispute prior to any party escalating their case to the Fair Work Commission.

Let’s chat!

For a people and payroll partner that keeps up-to-date with industry legislation, speak with our expert team. Our Aurion payroll specialists are available to discuss how we can tailor your optimised solution to let your workforce thrive! You can reach our local payroll experts by:

• calling 1300 287 466
• sending an email to [email protected]
• filling out this contact form and we’ll reach out to you

We’re excited to partner with you to make life work better!