What does the right to disconnect mean for employers?

Eligible Australian employees now have the right to disconnect from employment related contact outside of work hours.

Right to disconnect laws originated in France in 2017 in response to the declining health and wellbeing of workers resulting from technology shifts in the workplace that have blurred the lines between work and personal time.

In Australia, the Closing Loopholes (No.2) Act 2024 was passed earlier this year, which include the right to disconnect.  This provision came into effect on 26^th August 2024. It is essential to note the revised definitions of casual employees and independent contractors were introduced at the same time.

So how do employers comply?   

The Act does not prevent employers from contacting employees outside of working hours. However, employees have the right to refuse this contact unless that refusal is unreasonable. This includes monitoring, reading or responding to contact from an employer or a third party. 

Several factors must be considered when determining whether an employee’s refusal is unreasonable, including:

• The reason for the contact. 
• Whether the employee is compensated or paid extra for: 

o   being available to be contacted to perform work within a specific period, or 

o   working additional hours outside their ordinary hours of work. 

• The nature of the employee’s role and level of responsibility. 
• The employee’s personal circumstances, including family or caring responsibilities. 

The ‘right to disconnect’ also covers attempted contact outside of an employee’s working hours. 

Does this apply to labour hire/on-hired employees?

In short, yes it does. These changes apply to on-hired workers, whether casuals, ongoing permanent employees or maximum term employees. The right to disconnect therefore will affect any contact that on-hired employees have with your staff, as well as with clients or other third parties who they may be required to interact with as part of their duties while working in your organisation. For example, an engineer who is working on an international project may have the right to disconnect from contact with a client if they are not compensated or paid at a higher rate for that time.

If you have any queries regarding the application of this new provision, please do not hesitate to contact Nick Wakeling, Workplace Relations Manager, on 03 9864 6000.