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The Australian Fair Work Ombudsman says it’s time for employers and workers at small businesses to “have conversations about out-of-hours contact”.
As of August last year, Australian workers at companies with more than 15 employees had their right to disconnect out of work hours enshrined in the Fair Work Act, and now, on August 26, the same right will apply to small businesses with less than 15 employees.
“We hope that people working in larger businesses have already had conversations about out-of-hours contact and set expectations in the context of their workplace and the employee’s role; now it’s time for small business employers and employees to have that conversation,” Fair Work Ombudsman Anna Booth said in an August 26 statement.
All Australian workers now have the right to refuse to engage in communications or attempted communications from their employers outside of work hours, unless that refusal is unreasonable.
Factors that contribute to whether refusal of contact is unreasonable include the nature of an employee’s role, their personal circumstances, and how the contact is made, and whether any extra pay or similar remuneration is in place.
“It’s important to remember the right to disconnect does not prohibit employers from contacting their employees, nor does it prevent employees from contacting one another, including across time zones,” Booth said.
“We encourage workplace participants to educate themselves on the right to disconnect and adopt a commonsense approach.
“Like most employment matters, any dispute should first be discussed and sought to be resolved at the workplace level. Workers can be represented by a union if they are a member, and they want to be represented.
“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.”
All modern workplace awards now feature a right to disconnect clause, while employees covered by an enterprise agreement check whether those terms are in place.
“The right to disconnect is a workplace right. This means that employers cannot take adverse action against employees because of their rights at work, including the right to disconnect,” the Ombudsman said.
“Adverse action can include, for example, being dismissed (fired), being demoted or being overlooked for promotion.”
David Hollingworth has been writing about technology for over 20 years, and has worked for a range of print and online titles in his career. He is enjoying getting to grips with cyber security, especially when it lets him talk about Lego.
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