Australia’s new Right to Disconnect law addresses after-hours communication between employers and employees. It’s designed to limit unreasonable contact outside of working hours. However, Media Commentator Nic Hayes pointed out that this legislation might not have a significant effect, “It’s just going to be something for employers to be thinking about. What their employees are doing after hours and how much contact they should actually have with them.”
How Will It Affect the Workplace?
While the intent behind the law is to protect employees’ personal time, its actual impact remains minimal for most. According to Hayes, the majority of workplace contracts already address this issue. “Seventy per cent of the contracts that employers have with employees won’t be affected by these disconnect laws,” he notes. For those who feel overburdened by after-hours communication, the law may provide some support. However, most companies already have clear boundaries in place.
Defining “Reasonable Contact”
One of the complexities of the law lies in defining what constitutes “reasonable” contact. As Hayes explains, “A lot of lawyers have gone over this legislation, and they can’t seem to work out what reasonable means.” In many cases, it will come down to a mutual understanding between employer and employee. If contact after hours can wait until the next business day, it likely falls under the category of unreasonable.
Potential Legal Consequences
For businesses that breach the Right to Disconnect law, the consequences can be significant. Penalties range from $20,000 for individual employers to $100,000 for businesses. However, Hayes emphasises that the process begins with a negotiation before escalating to the Fair Work Commission. “The first step is to sit down and talk,” he says. “If nothing is reconciled from there, then the penalties come into play.”
Impact on Non-Traditional Work Hours
The Right to Disconnect law will likely affect industries that operate outside the traditional 9-to-5 schedule. For example, teachers who often work outside of school hours might benefit from clearer boundaries. “This gives teachers an opportunity to slightly disconnect,” Hayes notes, allowing them to manage after-hours communication more effectively.
Challenges for Remote Workers
Remote work presents additional complications for this legislation. Without regular in-office meetings, after-hours communication may feel necessary for some teams. “It’s more difficult when people are working from home,” says Hayes. “You’re not sure whether they’re doing the work or something else.”
What Should Employers and Employees Do?
The key takeaway from this new law is simple: open communication. “Sit down and talk,” Hayes advises. “Do it during 9-to-5 hours. Don’t do it after hours.” By establishing clear expectations from the start, both employers and employees can avoid misunderstandings and create a healthy work-life balance.
While the Right to Disconnect law may not revolutionise the workplace, it encourages employers and employees to think about after-hours communication. As Hayes puts it, “If it improves work-life balance, that’s a win.” With a little more consideration for personal time, we might see positive changes in the years to come.
This legislation serves as a reminder that balance is essential. By maintaining open lines of communication, businesses and employees can enjoy productive workdays without sacrificing personal time.
Listen to the full conversation below.