The ‘Right to Disconnect’, a new workplace right, has been implemented through the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. This took effect on 26 August 2024 for non-small businesses and will come into force on 26 August 2025 for small businesses (those with fewer than 15 employees). To ensure compliance and maintain clear boundaries between work and personal time, businesses need to adapt accordingly. Below are just three action items for businesses to keep in mind:
1. Review Employment Contracts
It’s important to review existing employment contracts to clarify expectations regarding after-hours availability and ensure compliance with the applicable employment awards. Specify when employees are required to be contactable, if at all, outside regular working hours. Any updates to contracts should ensure they reflect these new legal requirements while aligning with operational needs.
2. Develop a Clear Disconnect Policy
Establish a policy that outlines when after-hours contact is appropriate and which roles may require it. The policy should also specify renumeration for those expected to respond after hours. It should also provide employees with a procedure to follow or who to contact if they have any concerns with contact outside their working hours. A well-defined policy will help manage expectations and provide consistency across the business.
3. Engage in Staff Consultation
Consulting with staff helps identify current after-hours practices and determine what is necessary going forward. These discussions can help shape policies that balance business requirements with the right to disconnect.
For assistance with reviewing contracts, developing policies, or consulting with staff, our Employment team is available to help you implement changes smoothly.
If you are an employee with any queries or concerns surrounding your workplaces’ policies or your employment rights with respect to this new ‘Right to Disconnect’, our Employment team is available to assist.
Eden Weeks – Solicitor
This advice provided is general in nature and should not be taken as formal legal advice.