A number of important workplace relations reforms come into effect today, including:

• Introduction of an employee’s Right to Disconnect

• Changes to the definition of casual employee

• Changes to the definition of employee

• Changes to the treatment of independent contractors

• New rules for the gig econony and the road transport.

Of these changes, we consider the Right to Disconnect laws to have the most immediate impact on your business operations, so please take the time to consider appropriate steps.

Right to Disconnect

The right to disconnect protects employees who refuse to monitor, read or respond to contact or attempted contact outside their working hours, unless their refusal is unreasonable .

This includes contact, or attempted contact, from their employer, or another person, if the contact or attempted contact is work-related.

These laws come into effect for all businesses with 15 or more employees from Monday, 26 August 2024, while businesses with less than 15 employees have until 26 August 2025 to comply.

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What is reasonable

An employee’s refusal to monitor, read or respond to contact or attempted contact will be unreasonable if the contact or attempted contact is required by law .

If the contact or attempted contact is not required by law, certain other matters must be considered when deciding whether the employee’s disconnection is unreasonable.

These include:

• The reason for the contact or attempted contact

• How the contact is made

• How much disruption it causes the employee

• Any compensation (monetary or non-monetary) the employee receives to be available to work when the contact is made, or to work outside their ordinary hours

• The employee’s role and their level of responsibility

• The employee’s personal circumstances, including family or caring responsibilities.

Other matters can also be considered.

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Variations to the modern awards

On 23 August 2024, the Fair Work Commission published the final determination varying modern awards.

We strongly encourage you to read the determination, as it contains helpful information on how to apply the new laws.

For example, the determination explicitly states that the right to disconnect does not prevent an employer from requiring an employee to monitor, read or respond to contact where:

• the employee is being paid the on-call allowance

• the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the on-call.

• it is to notify them of an emergency roster change

It also states that an employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Fair Work Act.

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More information

The Fair Work Commission has not yet published guidance, though we do expect something to be released after the commission has dealt with cases of dispute.

As a result, employers will need to consider ‘reasonableness’ on a case-by-case basis until we start to see some test cases.

• What is the Right to Disconnect?

• Variation of modern awards to include Right to Disconnect

• Fair Work Commission Factsheet

• Department of Employment and Workplace Relations Factsheet

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Your feedback

AMCA Australia, along with allied industry groups, continues to provide feedback to the Australian government on this and other workplace relations reforms.

Therefore, we welcome your feedback about how these changes are impacting your business to help shape our future advocacy work.

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Need help?

AMCA is working with industry colleagues at the Australian Chamber of Commerce and Industry to develop an Employer Guide on the new Right to Disconnect laws.

In the meantime, if you have any questions or require assistance, contact the AMCA Workplace Relations Adviser on 1300 475 615 or send an email.

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