Unions are seeking more practical details around the new right to disconnect laws which come into effect at the end of this month. 

The right to disconnect award terms are currently being developed by the Fair Work Commission and due to come into effect on 26 August 2024. 

The new workplace right to disconnect passed through the Federal Parliament in February and is in response to the growing issue of ‘availability creep’ that intensified during the pandemic.  

The new right to disconnect will enable an employee to refuse to monitor, read or respond to work-related contact outside of their working hours, unless it is unreasonable.  

“Excessive work demands increase stress and burnout at work and are impacting the mental health of Australians. Unions want a strong right to disconnect so working people have a healthy work-life balance,” said Australian Council of Trade Unions (ACTU) President Michele O’Neil. 

The Fair Work Commission has been tasked with developing a right to disconnect term to be included in all modern awards that set the minimum terms and conditions of workers in different industries and sectors. It issued its draft term for consultation on 11 July 2024. 

In response, the ACTU is seeking improvements to spell out what should be taken into account in determining whether or not a refusal is unreasonable, to better respect workers’ down time, and to encourage employers to better manage work. 

This includes when workers are on approved leave, or an employer has not first taken all reasonable steps to minimise the need to contact workers outside of working hours. 

“Workers shouldn’t have to respond to contact outside of work about work or about rostering for shifts they haven’t asked for. You should be able to spend time with your loved ones on school holidays, instead of dealing with work calls,” said Ms O’Neil. 

The ACTU calls for the onus to be placed firmly on employers to discourage their customers and clients from contacting employees outside of their working hours.  “Unions are proposing a common-sense approach that will also benefit workers who are contacted by people other than their employer,” said Ms O’Neil. 

The ACTU also wants the Fair Work Commission to review the new provisions after 12 months to gauge how clear they are and whether any changes are needed to prevent unnecessary disputes that come about because of a lack of clarity around workers’ rights. 

The right to disconnect laws come into effect for most workers on 26 August 2024.  

The ACTU has condemned the Opposition Leader Peter Dutton who has vowed to eliminate the right to disconnect if the Coalition wins the next election.