Right to disconnect: Australia's new workplace law

Is your pesky boss pinging you when you’re off the clock? Ignore!

Australia is empowering workers with the ‘right to ignore’ work-related calls and messages from their employers outside of working hours without facing any penalties. The move aims to address growing concerns over the erosion of work-life balance. Employers who keep pestering employees outside their shifts can now be fined if they fail to adhere to the rule.

The Australian Senate formalised the right to disconnect as part of the ‘closing loopholes’ bill passing into law. The provision is part of a broader package of reforms proposed by the federal government, designed to bolster workers’ rights and restore a sense of equilibrium between professional and personal life.

Under the new framework, workers can file a complaint with their employer if they experience intrusive communications or the expectation to be available for work matters outside their shift.

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Filing a complaint before the Fair Work Commission

Should disputes regarding out-of-hours contact not be resolved at the workplace level, affected employees could escalate the matter to the Fair Work Commission. The FWC has the authority to issue orders against employers who fail to curb unreasonable out-of-hours communication practices.

Despite the potential to impose fines of up to $18,000 for breaching such orders, such penalties would not be applicable as long as employers adhere to the orders issued by the FWC.

The right to disconnect is designed to cover all employees, with reasonable exemptions for those whose responsibilities include being on-call or who need to be available outside standard work hours. Employer contact would still be considered reasonable in emergencies or for critical work-related changes, such as adjustments to work locations or rostered shifts, to ensure the new laws do not hinder operations.

The reform received endorsement from both Prime Minister Anthony Albanese and key Senate crossbenchers. Employment Minister Tony Burke also highlighted widespread support in the Senate.

Senator Barbara Pocock of the Greens said the measure aims to empower particularly vulnerable workers, enabling them to assert their rights without fear of losing future work opportunities.

Albanese supported the proposal, echoing sentiments in several European countries adopting similar policies.

Independent Senator David Pocock also helped to shape the final legislation by advocating for amendments that define the scope of employee rights and employer obligations, including a clause to prevent frivolous or vexatious complaints. This nuanced approach allows employees to ignore non-critical communications outside of work hours rather than outright banning employers from sending such messages.

The introduction of the right to disconnect has been heralded as a crucial development for workers by figures such as Julia Angrisano, the national secretary of the Finance Sector Union. Angrisano's comments reflect a broader concern over the impact of technology on extending work demands beyond paid hours. The new law works to redefine the boundaries of work in the digital age.

READ MORE | More employees call for ‘Right to Disconnect’ law

Criticism and concerns over the right to ignore work updates

However, the right to disconnect law has also sparked debate between business groups and labour advocates, with the former expressing concerns over implications for companies.

Business groups argue that existing protections against working unreasonable hours are sufficient and that a model that allows workers to switch off without penalty would be more effective than imposing fines on companies for what they consider normal business activities. Moreover, they believe escalating minor disputes to the FWC might not be the most helpful approach.

Bran Black, chief executive of the Business Council, stressed the importance of maintaining balance, considering the growing demand for flexible working hours and arrangements. A broader debate centres on integrating work-life balance with evolving workplace expectations.

Shadow attorney-general Michaelia Cash echoed the same worries, pointing out how the right to disconnect could further complicate business communications.

Australia’s right to disconnect aligns with laws in France and Spain and countries in the European Union, where employees can disconnect from work-related communications outside work hours.

Beyond the right to disconnect, the new workplace laws include additional worker protections, such as facilitating the transition from temporary to permanent employment and establishing minimum standards for temporary workers and truck drivers.