From 26 August 2024, the new 'Right to Disconnect' (RTD) commenced to take effect, making it easier for employees to reasonably refuse out-of-hours contact.
Key Points:
Implementation Dates:
- 26 August 2024 for businesses with 15 or more employees
- 26 August 2025 for small businesses (less than 15 employees)
Main Effects:
- Employees can reasonably refuse out-of-hours contact from employers, co-workers, and clients
- If a dispute is unable to be resolved at the workplace level, the Fair Work Commission (FWC) can issue orders and determine disputes related to such refusals
Employer Rights:
- Employers are not prohibited from seeking to contact employees out-of-hours
- Employers can still reasonably require employees to monitor communications in specific circumstances, where necessary for the performance of their role and in emergencies.
Employee Protections:
- Employees can refuse to monitor, read or respond to contact outside of their working hours unless it is unreasonable in the circumstances
- Employees are protected from adverse action for reasonably exercising their RTD
Employer Considerations:
- Review employment contracts and position descriptions
- Clarify expectations for roles that may require out-of-hours availability
- Update company policies and review practices to ensure compliance while maintaining necessary business operations.
Need help?
For further advice and assistance on these changes, including access to updated employment contracts and conversion template letters, VACC members can reach out to our Workplace Relations team.
*Please note, that this overview provides general information, and specific situations require tailored advice.