22 August 2024
The new ‘right to disconnect’ introduced as part of the Closing the Loopholes legislation will soon come into effect.
On the 26th of August, a new Section 333M will appear in the Fair Work Act 2009 and will provide that:
- An employee may refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee’s working hours unless the refusal is unreasonable; and
- An employee may refuse to monitor, read or respond to contact, or attempted contact, from a third party if the contact or attempted contact relates to their work and is outside of the employee’s working hours unless the refusal is unreasonable.
Section 333M(3) provides that, without limiting the matters that may be taken into account in determining whether a refusal is unreasonable, the following must be taken into account:
- the reason for the contact or attempted contact.
- how the contact or attempted contact is made and the level of disruption the contact or attempted contact causes the employee.
- the extent to which the employee is compensated (including non-monetary compensation):
- to remain available to perform work during the period in which the contact or attempted contact is made; or
- for working additional hours outside of the employee’s ordinary hours of work.
- the nature of the employee’s role and the employee’s level of responsibility.
- the employee’s personal circumstances (including family or caring responsibilities).
The right to disconnect is a workplace right within the general protections provisions of the Fair Work Act 2009. This means that employees may apply to the Fair Work Commission (FWC) to intervene where a dispute has arisen.
The FWC are also making variations to modern awards to include a right to disconnect term.
It should be noted that the application of the right to disconnect will not apply to small business employers until 26 August 2025.
The introduction of the right to disconnect means that employers need to review and update their policies and procedures to ensure they remain compliant.
It is also recommended that all staff are given training to ensure that they understand how the right to disconnect will apply in practice.
The FWC have put out a YouTube video and fact sheet to help employers and employees get up to speed.
If you need assistance to understand how the new right to disconnect affects your business and the actions you should take, please get in touch.
Sky Accountants Ballarat
Phone: 03 5332 8855
Office Address: 902 Howitt Street, Wendouree, Victoria 3355, Australia
Postal Address: PO Box 2234, Bakery Hill, Victoria 3354
Sky Accountants Gisborne & Macedon Ranges
Phone: 03 5428 1400
Office Address: 45 Hamilton Street, Gisborne, Victoria 3437, Australia
Postal Address: PO Box 270 Gisborne Victoria 3437