The employees right to disconnect – new law

Is your company ready for the changes to your employees right to disconnect from work. On 12 January 2024 parliament passed the bill to amend the Fair Work Act to give employees the right to disconnect from work. This right will take effect on 26 August 2024 for non-small business employers and 26 August 2025 for small business employers*.

This gives your company time to have conversations with your employees about their right to refuse to monitor, read, or respond to contact (or attempted contact) from their employer or a third party outside of their working hours, unless the refusal is unreasonable (new provision s333M FW Act).

We recommend you have clear communication to employees around your expectations in relation to after hours communication, workload and work performance. We also recommend looking at amending flexible work arrangements. Have you amended your policies or procedures yet?

It is also a great opportunity to speak with customers and clients so that they too are aware of the changes to the legislation and your expectations for your employees.

*All awards will be required to include a ‘right to disconnect term’ by 26 August 2024 and any dispute will be dealt with by the Fair Work Commission.

If you need any assistance in changing policy, procedures or how to effectively communicate with employees and third parties please contact Louise Day at our Mount Martha office on 0419 568 590.