The Fair Work Ombudsman recently released further information on employees’ right to disconnect, where changes to workers’ rights will begin to come into effect from next week.
From this week (Monday 26 August), outside of working hours, employees have the right to refuse contact from their employer or a third-party contact.
Eligible employees employed by ‘non-small’ businesses can refuse to read, respond or monitor contact or attempted contact from an employer or any other person if the contact is related to work, unless the refusal is considered ‘unreasonable’.
‘Non-small’ businesses are those who employ at least 15 staff, including regular and systemically employed casuals and employees of the employer’s associated entities.
For small businesses employing less than 15 staff, these changes will come into effect a year later, on 26 August 2025.
Deciding whether refusal is unreasonable includes consideration of various factors, including the reason for contact, the way contact is made, how disruptive it is for the employee, whether the employee is paid for additional hours, along with multiple other considerations.
This change means that now, all awards must include a ‘right to disconnect’ term, required to advise how the right applies to employees.
Further information on award variations can be found here.
The right to disconnect will be recognised as a workplace right under general protection laws. These protections are guaranteed to all employees under the Fair Work Act.
If disputes are unable to be resolved within the workplace, employees may approach the Fair Work Commission to assist in a resolution.
