The Right to Disconnect: New Australian Legislation and Government Campaigns

As remote and flexible work arrangements become the norm, the line between work and personal time has blurred, leading to increased stress and burnout. In response, Australia has introduced a formal right to disconnect as part of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023, passed on 12 February 2024.

What is the Right to Disconnect?

The right to disconnect entitles employees to disengage from work-related activities—like emails and phone calls—outside of their contracted hours without facing penalties. It ensures workers can fully switch off, protecting their mental health and encouraging work-life balance.

Key Features of the Legislation

Right to Disconnect: Employees aren’t required to respond to work communications outside of agreed hours unless specified by contract or in an emergency.

Employer Obligations: Employers must set clear policies on work hours and availability.

Psychosocial Safety: Aligns with existing workplace health and safety laws, ensuring excessive demands don’t harm mental well-being.

Fairwork Australia:

to monitor, read or respond to contact (or attempted contact) outside their working hours, unless doing so is unreasonable. This includes contact (or attempted contact) from an employer or a third party.

When establishing whether an employee’s refusal is unreasonable, the following factors must be considered:

•  the reason for the contact
• how the contact is made and how disruptive it is to the employee
• how much the employee is compensated or paid extra for:
• being available to perform work during the period they’re contacted, or
• working additional hours outside their ordinary hours of work
• the employee’s role in the business and level of responsibility
• the employee’s personal circumstances, including family or caring responsibilities.
• Other matters may also be considered.
• It will be unreasonable for an employee to refuse to read, monitor or respond if the contact or attempted contact is required by law.

Government Advertising Campaign:

The Australian Government has launched a campaign promoting the right to disconnect, highlighting the importance of clear boundaries between work and personal time. The campaign also emphasises the mental health benefits of disconnecting and encourages employers to respect employees’ time off.

Impact on Australian Workplaces

This legislation will require businesses to adjust communication practices, but it also offers benefits, including:

Improved Well Being: Respecting personal time reduces burnout and enhances employee focus.

Increased Productivity: Well-rested employees tend to be more productive.

Compliance: Aligns with existing WHS and OH&S obligations to protect employees from overwork.

Planning for Compliance

Businesses can start preparing by:

• Reviewing and updating communication policies.
• Training managers to respect out-of-hours boundaries.
• Monitoring workloads to avoid overwork.
• Fostering a culture that prioritises work-life balance.

Conclusion

The right to disconnect reflects Australia’s growing focus on employee well-being. By implementing these changes, businesses can support their teams, boost productivity, and ensure compliance with evolving workplace laws.