Australia’s New Right to Disconnect Law Empowers Workers to Reclaim Personal Time

Australia’s new “Right to Disconnect” law, which went into effect on August 26, 2024, provides employees of non-small businesses (those with 15 or more employees) the right to refuse work-related communications outside their working hours unless the refusal is considered unreasonable. This law is part of the amendments to the Fair Work Act, specifically under the new Closing Loopholes laws. The right applies to digital communications such as emails, phone calls, and messages from employers or third parties​ Fair Work Ombudsman and Business Insider

Under the law, a refusal is deemed “unreasonable” based on several factors, including:

• The reason for the contact and its urgency.
• The nature of the employee’s role and level of responsibility.
• The employee’s personal circumstances, such as caregiving responsibilities.
• The timing and method of the contact and its disruptiveness to the employee’s personal time​(
  Forbes Australia

Is your boss texting you over the weekend? Are work emails pinging in late at night, long after you’ve clocked out? For employees in Australia, these interruptions might soon be a thing of the past. A new “right to disconnect” law now allows them to ignore work-related intrusions into their personal time without fear of repercussions. The law, which went into effect on Monday, ensures that most employees can’t be penalized for not responding to work communications outside of their regular working hours.

VIDEO: 🇦🇺 Australia gives millions of workers right to ‘disconnect’

Workers can now refuse to monitor, read, or respond to their employers’ attempts to contact them outside work hours, unless that refusal is deemed “unreasonable”. The reform got a cool welcome from top industry pic.twitter.com/sqEcwiE1jF

— AFP News Agency (@AFP) August 26, 2024

Proponents of this legislation argue that it empowers workers to protect their personal lives from the relentless encroachment of work, a trend that has only accelerated since the COVID-19 pandemic blurred the lines between home and office.

“Before digital technology, there was no encroachment. People would leave work and have no further contact until they returned the next day,” explained John Hopkins, an associate professor at Swinburne University of Technology. “Now, globally, it’s normal to receive emails, texts, and phone calls outside of work hours—even when on vacation.”

In 2023, Australians worked an average of 281 hours of unpaid overtime, according to a survey by the Australia Institute. This unpaid labor was estimated to be worth A$130 billion (about $88 billion).

With these changes, Australia joins nearly two dozen countries, mostly in Europe and Latin America, that have enacted similar laws. France was the pioneer in this space, implementing its rules in 2017. A year later, the French government fined a pest control company, Rentokil Initial, 60,000 euros (approximately $66,700) for requiring an employee to always keep his phone on.

For Rachel Abdelnour, who works in advertising, the new Australian law is a welcome change. “I think it’s really important that we have laws like this,” she told Reuters. “We spend so much of our time connected to our phones and emails all day, and it’s really hard to switch off.”

Australia gives workers ‘right to disconnect’ to ignore after-hours work calls, emails pic.twitter.com/S7lZcJk26p

— Ada Derana (@adaderana) August 26, 2024

However, the law does allow for exceptions. In emergencies or jobs with irregular hours, employers can still contact their employees, who can refuse to respond if it’s deemed reasonable. Determining what constitutes a “reasonable” refusal will be up to the Fair Work Commission, Australia’s industrial regulator, which will consider factors like the employee’s role, personal circumstances, and the context of the contact. The commission has the authority to issue cease-and-desist orders and impose fines of up to A$19,000 for individuals or A$94,000 for companies.

Despite its benefits, some believe the law may cause confusion. The Australian Industry Group, an employer organization, argues that the lack of clarity about the rule’s application could lead to misunderstandings between employers and employees. They also worry that it could reduce workplace flexibility, potentially slowing down the economy. “The laws came literally and figuratively out of left field,” the group stated. “They were introduced with minimal consultation and have left little time for employers to prepare.”

Michele O’Neil, president of the Australian Council of Trade Unions, counters that the law’s flexibility is a strength. It is designed not to interfere with reasonable requests but to protect workers from poor management practices. She cited a case where an employee who finished a shift at midnight was texted just four hours later to return to work by 6 a.m.

Is your boss texting you on the weekend? Work email pinging long after you’ve left for home? Australian employees can now ignore those and other intrusions into home life thanks to a new ‘right to disconnect’ law https://t.co/tYJFe964Fg pic.twitter.com/ye7swnFlXV

— Reuters (@Reuters) August 26, 2024

“It’s become so easy to make contact that common sense often goes out the window,” she said. “We think this law will make bosses think twice before sending that late-night text or email.”

More on it all…

• Employers are not prohibited from contacting employees after hours, but employees are not obligated to respond unless required by law or in emergencies. Violations of the law could lead to penalties of up to $64,000 for companies​ UPI
• The law aims to protect employees’ mental health and work-life balance, addressing issues such as “availability creep,” where employees feel perpetually on-call due to digital technology advancements. This initiative aligns with similar laws in countries like France and several in Europe and Latin America, which have been adopted to help workers maintain better boundaries between work and personal life​ Business Insider and Forbes Australia

Major Points:

• Australia has implemented a new law allowing employees to ignore work communications outside of regular hours without facing penalties.
• The law aims to protect employees’ personal time from the increasing intrusion of work-related communications, a trend exacerbated by the COVID-19 pandemic.
• Australia joins nearly two dozen countries, including France, that have enacted similar laws to regulate work communications outside of official hours.
• The law includes exceptions for emergencies and jobs with irregular hours, allowing reasonable contact when necessary, with oversight by the Fair Work Commission.
• While worker advocacy groups support the law for improving work-life balance, some employer groups argue it may cause confusion and reduce workplace flexibility.

Fallon Jacobson – Reprinted with permission of Whatfinger News