If you haven’t heard the recent report, the Australian Government is now regulating how employers with 15 or more employees must engage with their staff after hours, effective from 26 August 2024. This new regulation is being referred to as the ‘right to disconnect.’
In a landmark move, the Australian government has introduced a new law granting millions of workers the right to disconnect after work and ignore ‘unreasonable’ out-of-hours calls, texts, and emails from their employers.
The Right to Disconnect law marks a significant shift in workplace regulations, aiming to enhance work-life balance and address the nation’s declining productivity. [1]
As businesses adapt to these changes, Baybridge is here to help you navigate the complexities and ensure compliance. Our team of experts provide comprehensive support, from reviewing and updating your communication policies to preparing contracts that clearly define after-hours expectations.
So how does it work? It remains to be seen how this will be regulated and what scenarios might arise. However, at a foundational level, lets consider some hypothetical scenarios:
Case Study 1: Marketing Manager
Danielle, a marketing manager at a mid-sized marketing firm, typically works from 9:00 am to 5:00 pm. Danielle receives a work-related email at 8:00 pm regarding an urgent campaign issue but decides not to respond immediately as she is spending time with her family. She addresses the issue the next morning during her regular working hours.
Danielle’s decision to disconnect is supported by the new law, as her refusal to respond outside of her usual working hours is deemed reasonable given her family commitments.
Case Study 2: IT Support Specialist
Alex, an IT support specialist, is informed that he may occasionally need to respond to critical technical issues outside of regular hours. One evening, Alex receives a call about a major system outage. Alex answers the call and helps resolve the issue, understanding that his role requires occasional after-hours availability for emergencies.
Alex’s response is considered reasonable due to the nature of his role and the urgency of the situation.
Case Study 3: Project Manager
John, a project manager at a construction company, works from 8:00 am to 5:00 pm. One evening at 7:00 pm, John receives an urgent call from a client about a critical safety issue at a construction site that requires immediate attention to prevent potential hazards. John decides not to answer the call, believing it can wait until the next morning.
Given the urgency and potential safety risks involved, Alex’s refusal to respond is deemed unreasonable. John was responsible for managing the project and ensuring safety make it necessary for him to address critical issues promptly, even outside of regular working hours.
Fines
The Fair Work Commission (Commission) can issue orders to stop unreasonable refusals of contact or to prevent employers from treating an employee adversely or requiring them to monitor, read, or respond to work-related contact when the employee’s refusal is reasonable.
Whereas the Fair Work Ombudsman will enforce compliance with the Commission’s orders, and non-compliance may subject employers to penalties of up to $18,780 for individuals and $93,900 for corporations per violation.
Legal Challenges
At Baybridge, we can assist you with navigating the new reforms, ensuring your business remains compliant and avoids potential fines by:
- Reviewing existing communication policies and procedures related to work hours, communication, and technology to ensure compliance with new regulations.
- Reviewing existing contractual arrangements;
- Preparing contracts that establish clear guidelines and expectations around after-hours communication; and
- Navigating any financial penalties and fines for non-compliance, including any orders made by the Commission.
The new reforms will come into effect on 26 August 2025 for small business owners.
If your organisation requires a policy document to comply with the new ‘Right to Disconnect’ law, please contact our team. Our office can assist you with preparing a tailored policy that aligns with your company’s existing policies and procedures, ensuring full compliance with the new regulations.
[1] Submissions – Parliament of Australia (aph.gov.au) Business Commission of Australia, Submission 3, p. 1.
This article was written by Rita Khodeir, Partner and Jose Khalil, Lawyer.
