Explained | What's The Impact Of Australia's 'Right To Disconnect' Law On Workers And Employers?

Soon, a law will be introduced in Australia that allows employees to ignore unreasonable work calls and messages from their bosses after office hours.

While employers will still be able to reach out, the legislation ensures that workers are protected from being punished for not responding.

What is the new law in Australia?

Laws will soon be introduced in Australia to allow employees to ignore unreasonable work calls and messages from their bosses after office hours. The "right to disconnect" is part of a series of reforms to industrial relations laws proposed by the Labor government.
This rule was initially suggested by the Australian Greens party last year. According to Greens leader Adam Bandt, an agreement was reached between Labor, smaller parties, and independents to support this Bill, as reported by Reuters. The legislation is expected to be taken up in Parliament later this week. Let's understand it.

Deep dive in Australia's right to disconnect law

The amendment proposed by Greens empowers workers to "refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee's working hours unless the refusal is unreasonable", as per a Bloomberg report. While it does not ban employers from contacting workers out of hours, the legislation protects employees from being penalised for tuning out after work hours.

According to the Australian government, these changes would protect workers' rights and help restore a healthy work-life balance. "What we are simply saying is that someone who isn't being paid 24 hours a day shouldn't be penalised if they're not online and available 24 hours a day," Prime Minister Anthony reportedly said on Wednesday (7 February).

Australia's legislation protects workers from being penalised for tuning out after work hours. AFP (Representational Image)
The factors taken into account to determine whether a contact is reasonable include the reason for the contact; the frequency of contact; how the workers are contacted; the nature of their job description; whether they're being compensated or not; and the nature of their family responsibilities.

"If ... your job involves working with different parts of a business or with clients across time zones, then of course that will be part of your normal range of employment. Where you are repetitively asked to get up in the middle of the night and ring New York, and you're actually on minimum wage, that is not reasonable," said Greens senator Barbara Pocock, who has been campaigning for the legislation, as reported by The Sydney Morning Herald.

Meanwhile, as per the employment minister Tony Burke from the ruling Labor Party, a majority of senators are backing the legislation. He said it will prevent "employees from working unpaid overtime through a right to disconnect from unreasonable contact out of hours", reported Reuters.

Speaking to ABC RN Breakfast, Burke said it was "completely reasonable" for employers to contact employees after shifts. "All those sorts of things are completely reasonable, and we don't want to get in the way of that," he said. "But if you don't respond because it's not your paid time, you've got a guarantee that you can't be punished for it."

If employees feel they are being contacted unreasonably, they should first flag this to their employers, Pocock said. However, if it remains unresolved, the workers can approach the Fair Work Commission (FWC) for a stop order. The legislation states that the FWC "may make any order it considers appropriate" to prevent a worker's "unreasonable" refusal or to stop an employer's punitive action against the employee, reported SmartCompany. If the employers fail to comply with FWC's order, they could face financial penalties if the matter is taken to the Federal Court, according to an Australian news report.

Arguments for and against the Bill

Impact of the COVID-19 Pandemic on Work Dynamics

The way we work has been greatly affected by the COVID-19 pandemic, with digital connectivity increasing and many individuals finding themselves working longer hours and being available even after office hours.

Arguments for the Right to Disconnect

Proponents argue that the right to disconnect will protect employees from burnout and help maintain a work-life balance. Australia's legislation will prevent workers from being punished for not responding.

Concerns Raised by the Australia Institute's Centre for Future Work (CFW)

According to the CFW, workers, on average, do 5.4 hours of unpaid work each week, resulting in over $100 billion a year in lost wages across the economy. The problem of unpaid overtime is exacerbated by technology, blurring the boundary between work and personal life.

Proposals from Unions NSW

Mark Morey, secretary of Unions NSW, advocates for a ban on unpaid overtime for those earning less than $150,000, alongside the right to disconnect. He believes that technology facilitates wage theft and establishing healthy work norms is crucial.

Concerns Raised by Business Groups

Business groups express concerns that the legislation could lead to workplace disputes and job losses. They argue that Fair Work Commission interference in day-to-day business operations is unnecessary and issues should be resolved in the workplace.

Impact on Women's Participation in the Workforce

Andrew McKellar, CEO of the Australian Chamber of Commerce and Industry, warns that heavy-handed legislation could adversely affect women's participation in the workforce. He believes that such rigidity undermines the case for flexible working arrangements, especially for parents.

Countries that give the 'right to disconnect'

Right to disconnect laws have been in place in France, Italy, Spain, and Ireland for a few years now. Similar rules exist in several other European countries. According to Portugal's Portuguese Labor Code, employers are obligated to refrain from contacting workers during their rest period, except in situations of force majeure.

Breaching this obligation could result in fines, as it is considered a serious offence for employers to violate their employees' privacy, as reported by Forbes. In 2022, the right to disconnect was introduced for thousands of federal civil servants in Belgium.