Right to Disconnect
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The changes to the Fair Work Act 2009 aim to combat the stress and burnout caused by technology-driven ‘always on’ working culture. As an employer, you must take steps to support this new right.
EMPLOYEE PROTECTIONS
• Employees can refuse to monitor, read, or respond to workrelated communications outside their working hours.
• Employees are safeguarded against negative employer reactions if they refuse unreasonable out-of-hours contact.
• Exceptions apply if the refusal is deemed unreasonable.
REASONABLE WORKING HOURS
• A full-time work week is 38 hours unless stated otherwise in employment agreements.
• Employers can require employees to work additional reasonable hours. e.g. completing a project before a deadline or working an extra hour to close up.
REASONABLE ADDITIONAL HOURS
When determining whether additional hours are considered reasonable, consider the following factors:
• Remuneration: The employee’s pay level.
• Notice: How much and when notice was provided.
• Health & Safety: Any risks associated with overtime.
• Employee Circumstances: Their role, level of responsibility and their personal situation such as family and carer duties.
CRITERIA FOR DISCONNECTING
When determining if an employee’s refusal to respond is unreasonable, consider the following factors:
• Purpose of Contact: The reason behind the contact.
• Method and Disruption: How the contact was made and its disruption level.
• Compensation: Extent of compensation for being available.
• Role and Responsibility: Employee’s job nature and responsibilities.
• Personal Circumstances: Including family and carer duties.
WORK PRACTICES ASSESSMENT
To support the right to disconnect, employers should:
• Evaluate current work practices to identify unreasonable expectations to monitor or respond to out-of-hours contact
• Ensure employees are compensated adequately if they are expected to remain available outside work hours.
COMPLIANCE PREPARATION
Steps to maintain legal compliance with the Fair Work Act 2009 include:
• Updating current policies to reflect the right to disconnect.
• Training managers and staff on the new guidelines.
• Establishing clear communication protocols for out-of hours contact.
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