Right to disconnect
On 12 February 2024, Parliament passed the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill which makes changes to the Fair Work Act 2009 (Cth) (FW Act). The Bill was passed with an amendment put forward by the Greens providing employees with a right to disconnect from work.
In essence, the new ‘Right to Disconnect’ attempts to strike a balance between life-work balance for employees and what is necessary and vital to ensure the smooth running of businesses. This will take effect in six months' time, so employers should start to think now about how they will implement this in the workplace.
What is the Right to Disconnect?
- An employee will have the right to refuse, respond, monitor or engage with any work-related communications with their employers outside working hours.
- The right not to have any negative consequences such as disciplinary brought against them if assert their right not to connect.
It should be noted, however, that there are exceptions to any unreasonable refusal to connect such as:
- the contact is legally required
- the nature of the employees' role and level of responsibility
- the nature of the business
The AMA Queensland Workplace Relations Team is also here to help. Give us a call on 07 3872 2264 or drop us an email at workplacerelations@amaq.com.au