The Right to Disconnect: Policy Template
In a significant development for Australian workers, the 'Closing the Loopholes No. 2 Bill' has recently passed through Parliament, introducing a ground breaking amendment to the Fair Work Act 2009 (Cth) – the "Right to Disconnect."
The changes, set to come into effect in about six months (and 18 months for small businesses), grants employees the power to ignore certain out of hours calls and emails, without facing disciplinary consequences.
Empowering Employees to 'Switch Off'
The driving aim behind the Right to Disconnect is to empower employees to disengage from work, outside their scheduled working hours. No longer can employees be penalised for refusing to respond to calls, emails, or messages during their personal time, unless such refusal is deemed unreasonable.
Andrew Brooks, Employment + Workplace Relations Lawyer at Law Squared, believes this legislative shift could signify a profound change in workplace dynamics (in particular for lower level / lower paid employees), saying: “These changes recognise the importance of work-life balance and acknowledges that employees should have the right to unwind without the constant intrusion of work-related communication. This is a departure from the traditional expectation that employees should be continuously available, fostering a healthier and more sustainable work environment.”
Navigating Nuances and Ensuring Fair Practices
While the amendments brings about a fundamental change, it does so with nuances. Employers, when evaluating the reasonableness of after-hours contact, are required to consider various factors, including the nature of the employee's role, compensation, personal circumstances, and whether there is a genuine emergency.
Crucially, the legislation does not propose direct fines against either party. Instead, the Fair Work Commission (FWC) may issue a 'stop order' for continuous unwarranted contact, and there are now more protections against employers taking adverse action for reasonably ignoring out of work hours contact. This reinforces the significance of fair and considerate communication practices in the workplace.
A Call to Action for Employers
Andrew warns employers that they will need to proactively adapt their policies, practices, employment contracts and position descriptions to align with the Right to Disconnect: “Engage in-house legal teams to review employment contracts, consider availability allowances, and update position descriptions and workplace policies. This proactive approach ensures alignment with the new legal requirements and promotes a healthier work culture.”
Moreover, the FWC's authority to issue 'stop orders' emphasises the importance of respectful communication. “It’s really no different to bullying or harassment claims, employers should be vigilant about building a workplace culture that values employees' personal time,” says Andrew.
The Role of People + Culture in Implementing Right to Disconnect
Implementing the Right to Disconnect isn't just a legal requirement; it represents a cultural shift in how organisations perceive and respect employees' time.
Andrew believes People + Culture teams will play a pivotal role in embedding this change: “This transition requires a commitment from leadership to prioritise outcomes over mere clock-watching. It demands a re-evaluation of communication styles and leadership approaches to effectively manage teams in an agile and globally connected workplace. It also forces us to ask a question about whether it is reasonable to contact particularly lower paid and lower seniority roles, out of hours.”
Education and training for managers and senior staff on the new legal requirements and best practices in people management will be crucial components of the cultural transformation ahead.
Introducing the 'Right to Disconnect' Policy Template
Law Squared has developed a 'Right to Disconnect' policy template to help organisations navigate the change ahead. This versatile tool is available for free download and can be tailored to suit specific organisational / industry circumstances and people. It serves as a starting point for organisations to formalise their commitment to respecting employees' personal time.
📩 [Download the 'Right to Disconnect' Policy Template here]
For those needing assistance in implementing this policy, aligning employment contracts, awards, position descriptions, and other workplace policies with the Right to Disconnect, our Employment + Workplace Relations team via [email protected].