Changes to the Fair Work Act 2009 will create a formal workplace right that allows employees to disconnect from work outside of their usual work hours. These changes start on:
The new right to disconnect does not prevent employers or a third party from ringing an employee, texting them or sending an email outside of working hours.It does allow an employee outside of their working hours to refuse to monitor, read or respond to contact (calls, texts, emails etc) or attempted contact from their employer
It’s important to note that this right also extends to a third-party contact such as a client or customer.The right to refuse cannot be exercised if the refusal is unreasonable and rules will apply when determining whether an employee’s refusal is unreasonable or not.
The Fair Work Commission is required to insert a right to disconnect terms into all Awards by 26 August 2024. This means that specific rules will be added to awards to explain how this new right would apply to different industries and occupations. The Commission is also required to make written guidelines about how the right to disconnect will operate.
Want to find out more? Rest assured we are going to do a deeper dive into the variation to Awards as part of the Annual Wage Review webinar – All you Need to Know on 20 June 2024- join our webinar here.
You can also call the Business Advice Hotline at (08) 8300 0000 (select option 1) if you are a South Australian Business Chamber Member.
