A series of new workplace laws commenced on 26 August 2024 which significantly impact employee rights. This includes:
- A new definition for “casual” employment;
- A right to “disconnect” from work;
- New protections for “independent contractors” and
- New regulations for “gig” workers.
In this blog, we give you a breakdown of the new Right to Disconnect laws and what they mean for you.
If you missed our earlier blog on this topic back in May, you can read it here: Right to Disconnect Laws | What Employees Need to Know
What is my ‘right to disconnect’?
Starting August 26, 2024, most employees in the Fair Work system (i.e. national system employees) have a new workplace right to ‘disconnect’ from work.
- If your employer has more than 15 employees – your right to disconnect commences on 26 August 2024.
- If your employer has less than 15 employees – your right to disconnect commences on 26 August 2025.
This means that eligible employees have the right to refuse work-related communications outside of their regular working hours. As an employee you can refuse to monitor, read or respond to contact or attempted contact outside of your working hours, provided that your refusal is not ‘unreasonable.’
This new right is designed to enhance work-life balance and reduce stress by limiting work interruptions during personal time.
This right will also be inserted into Modern Awards to provide those employees covered by a Modern Award with further recognition of the entitlement.
When will an employee’s refusal be unreasonable?
Several factors are considered when determining if refusing contact is unreasonable:
- Reason for Contact: Why is your employer contacting or attempting to contact you?
- How contact is made: How has your employer contacted or attempted to contact you? What level of disruption has the contact caused you – for instance, did they call at 11 pm?
- Role and Responsibility: What’s the nature of your job and your level of responsibility? Some roles might inherently require more availability. Does your employer have clear contractual terms, a position description and policies that specify what level of contact is considered reasonable?
- Personal Circumstances: Do you have family or caring responsibilities that make the contact unreasonable?
- Compensation: Are you being paid extra to be available outside normal work hours?
- Other relevant factors: Are there any other factors that might be relevant to assessing whether the contact from your employer is unreasonable?
Employer Responsibilities
Employers must respect your right to disconnect and avoid pressuring you to respond to work-related communications outside agreed hours. Clear communication and adjustment of practices will be necessary to comply with this new legislation.
What can you do if your employer does not respect your right to disconnect?
Resolve within your workplace
If you have a dispute with your employer about your right to disconnect, it is always recommended that you first take steps to try and resolve the dispute amicably with your employer.
You should keep records of any attempts that you have made to resolve the dispute, with sufficient details of what the issue is, what has been discussed, and what your employer’s response was.
If the matter cannot be resolved, these records will assist you in escalating the matter to the Fair Work Commission.
Resolve through an application to the Fair Work Commission
If you are an eligible employee and your employer is not respecting your right to disconnect, you can make an application to the Fair Work Commission asking them to make an order requiring your employer to stop continuing to contact you and/or requiring you to monitor, read and respond to contact outside of your work hours. You can also seek an order that they stop any threatened disciplinary action relating to your refusal to respond to contact (if the refusal isn’t unreasonable).
Participating in a conference to try and resolve the dispute is another way in which the Fair Work Commission can deal with your disputes (as opposed to making an Order).
Note: an employer can also make an application to the Fair Work Commission if they believe your refusal to respond to contact outside of work hours is ‘unreasonable.’
General Protections
In addition to the above, if you feel that you have been treated adversely because you have exercised your workplace right to disconnect, you may be eligible to pursue a general protections application through the Fair Work Commission.
Adverse action includes things like:
- Being sacked or fired;
- Being demoted; or
- Being overlooked for promotion.
The new Right to Disconnect is a powerful tool for enhancing work-life balance and protecting your personal time. If you’re unsure how these laws apply to your situation or need assistance enforcing your rights, Rubix Legal is here to help. With a fresh approach to legal services, we offer tailored advice to ensure you’re fully supported. Don’t let work invade your personal life—reach out to us today to explore your options and safeguard your right to disconnect.
