The “right to disconnect” came into force yesterday for businesses employing 15 or more people. This means that, as of yesterday, employees of non-small businesses have the right to refuse contact outside working hours. This includes monitoring, reading, or responding to contact from an employer or a third party.
The only exception is if an employee’s refusal of contact is “unreasonable”. Factors determining whether a refusal is reasonable include the reason for the contact, how it was made, and the employee’s role.
Next steps for businesses
Earlier this year, ISB spoke to workplace advisor Sara Villella on how small businesses can adjust to the workplace law changes. Villella recommended conducting an audit or review on the potential impact of the right to disconnect on your business. She also recommended investigating practical measures that your business can take to comply with the law.
Moreover, the workplace advisor reminded small-business owners to consider the benefits of disconnecting, and discuss the importance of switching off with employees.
“When navigating these changes, it’s important for small-business owners to keep in mind the actual purpose of the proposed legislation,” Villella said. “That is, to protect our workforces – giving them the ability to not have to think about work after hours, allowing them to ‘switch off’ from work.”
The Council of Small Businesses Organisations Australia (COSBOA) have also launched a Small Business Peak Program to help small-business employers to navigate the new changes. The program comes in the wake of a survey that revealed 63.6 per cent of businesses didn’t know what is required under the new right to disconnect changes.
“The research highlights the low levels of awareness in the business community about the IR changes. This was reflected across all industry sectors, and demonstrates why Small Business Peak is so critical to the small business community,” said CEO Luke Achterstraat.
Penalties for non-compliance
If an employee believes their workplace is not complying with the laws, they can take the issue up with the Fair Work Commission.
“Like most employment matters, any dispute should first be discussed and sought to be resolved at the workplace level,” said Booth. “If that resolution does not occur, the Fair Work Commission (not to be confused with the Fair Work Ombudsman) can deal with disputes regarding the right to disconnect.”
According to a recent FWO statement, the Fair Work Commission has the power to make any order it feels is necessary when dealing with a dispute, other than issuing fines. The Fair Work Ombudsman, on the other hand, will be able to issue fines if an employer doesn’t comply with the Commission’s order. Penalties begin at $19,000 for individuals and $94,000 for a body corporate.
The FWO reminded businesses that general workplace protections will still apply in relation to the right to disconnect. This means that employees will be protected from coercion, undue influence or pressure, or adverse action that may arise around the refusal of contact.
More information about the right to disconnect is available here.
