Did you know that in 1856, Victorian stonemasons won a world-first fight, and demanded that they would work no more than 8 hours a day? Nowadays, Aussies are putting in long and excessive working hours. With the development of digital tools and flexible working models, being constantly contactable is now the norm for a lot of workplaces.
But now Aussies will soon have the right to disconnect after hours, with the hope of combating the growing, excessive work culture.
Changes to workplace laws due to come into effect on August 26 means that employees of large companies (those with 15 employees or more) can refuse to monitor, read or respond to contact or attempted contact from their employer or a third party if the contact is work-related.
However, there is an exception to this new rule if the employee’s refusal is deemed ‘unreasonable’. For example, not answering the phone if the contact is required by law would be deemed unreasonable. Factors that help determine if a refusal is unreasonable include:
- the reason for the contact
- whether the employee is paid extra/compensated
- the nature of the employee’s role and level of responsibility
- the employee’s personal circumstances, including family or caring responsibilities.
Some believe these changes will hurt productivity, however, a long-running survey of 24,000 workers found the right to not be on call 24/7 boosted staff retention by around 40 percent*. The study tracked workers across a range of companies over a five-year period, and found that businesses that implemented the ‘do not disturb’ philosophy held onto their staff for longer.
It’s important to note that, whilst these changes allow employees the right to refuse to respond to calls and emails, it does not prohibit an employer sending emails or messages outside of work hours.
Companies in breach of these rules could be liable to civil fines of up to $19,800.
These changes apply to large businesses. Small business employers with less than 15 staff will be required to comply on August 26, 2025.
Read more on the Fair Work website.
