Australia Introduces the Right to Disconnect for All Workers

The COVID-19 pandemic has brought changes to all aspects of life, including work. It exposed the deep fault lines of the workplace systems and made remote working the norm for many. However, this new ‘flexibility’ of working facilitated by technology has led to new problems in work-life balance. In February 2024, Australia introduced the Right to Disconnect in its Fair Work Act update.

Connectivity and Overtime

“The world is connected, but that has created a problem,” said Tony Burke, Australia’s Minister for Employment and Workplace Relations. This connectivity expands the definition of ‘workplace’ to anywhere employees can take their devices and connect to the internet. This flexible working arrangement is necessary and the better option for many, notably since the COVID-19 pandemic began.

On the other hand, a 2020 survey conducted by the Australia Institute showed that Australians were working an average of 5.25 hours of unpaid overtime each week. In 2023, the Australia Institute reported that “the average Australian worker performs 280 hours of unpaid overtime per year”.

Fiona Macdonald, Policy Director of the Industrial and Social at the Centre for Future Work, said, “‘Time theft’ has actually blown out by 57 hours per worker since 2022 and has returned to near pandemic-era levels.”

“Some people are now constantly in a situation of getting in trouble if they’re not checking their emails. Workers shouldn’t be obligated to respond to messages during uncompensated hours,” Burke added.

Right to Disconnect

Australia’s Right to Disconnect states, “Employees will have the right to refuse to monitor, read or respond to contact (or attempted contact) from an employer or a third party outside their working hours unless that refusal is unreasonable.”

The term “unreasonable” will allow employers to contact workers out of hours when it is an emergency or previously negotiated. This bill was passed by the Australian Senate in early February.

Under the new law, employees will have the right to ignore work calls and emails once they clock off without fear of repercussion. If workplace discussion is not enough, workers will also be able to legally raise a complaint should their employers insist otherwise. The fine for non-compliance is 18,000 AUSD (11,800 USD). The Right to Disconnect will take effect across Australia on August 26, 2024, for non-small business employers and a year after for small business employers.

Toward Decent Work for All

Similar laws exist in other countries. For example, France requires companies to properly negotiate off-hours work-related communications with employees. Ireland and Luxembourg are also among countries with the Right to Disconnect, enacted after the COVID-19 pandemic hit. In Australia, the Right to Disconnect law comes with other updates as a part of the Closing Loopholes: Additional Fair Work Act.

In a UNSW Law Journal, Gabrielle Golding explained how the Right to Disconnect could contribute to decent work for all. Golding wrote, “Implemented appropriately, it has the potential to maintain employee flexibility, with an employee free to enter and exit work throughout the day, provided their working time is recognized and limited to a predetermined number of hours, to ensure that they have a genuine rest period.”

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