In a significant move towards enhancing work-life balance, The Commonwealth Government has introduced a workplace right to disconnect, effective from 26 August 2024 for most employers (and from 26 August 2025 for business with no more than 15 employees).
Pursuant to section 333M of the Fair Work Act 2009 (Cth) (“the Act”), the Right to Disconnect laws give employees the right to refuse work-related communications outside their standard working hours, unless the refusal is unreasonable. Work-related communication includes calls, emails, meetings and other forms of contact from employers, or third parties (such as clients).
The right to disconnect is now included in most modern awards and aims to protect employees from employers excessively intruding into personal time.
So what is considered an ‘unreasonable’ refusal?
By example: an employee who is financially compensated for additional working hours, or whose level of responsibility within the business is significant may not be able to refuse additional demands of their employer. What is reasonable will turn on a question of fact, considering the nature of the request and specifics listed in section 333M(3) of the Act. Importantly, the right to disconnect does not grant employees the option to refuse to perform tasks or lawful instructions that falls within the scope of their normal duties.
Any employee should understand the terms of their employment contract prior to refusing a request from their employer. It is also important to remember the employment contract outlines the nature of the employment relationship, each parties’ obligations, and why a request may or may not considered unreasonable.
If you need help navigating the complexities of employment law, for either your employees or your employer? Contact our employment law experts today on 1300 285 888. We’re here to provide clear, practical advice tailored to your situation.
