Australians are increasingly working longer hours, with experts raising alarms about the blurring of work-life boundaries. New technologies and flexible work arrangements have made it commonplace to be constantly connected, putting many Australians at high risk of burnout.

The Australian government has introduced "right to disconnect" laws, which came into effect on August 26 2024 for businesses with 15 or more employees. While these laws don't prevent managers from contacting employees after hours, they empower employees to refuse to engage with work communications outside their designated working times, unless such refusal is deemed unreasonable.

Similar policies have already been adopted in around 25 countries globally, and initial evidence suggests they're effective in safeguarding worker wellbeing in the digital age. France pioneered this movement in 2017, mandating companies to negotiate after-hours communication rights with their employees.

Though breaches are infrequent, there are penalties for non-compliance. In one notable case, the French arm of a British company was fined a hefty sum for forcing an employee to remain constantly available.

Understanding Australia's 'right to disconnect'

Starting August 26, 2024, most Australian employees under the Fair Work system have gained the legal right to disconnect from work outside their regular hours. This means they can refuse to respond to emails, calls, or other work-related communications without facing repercussions, except in certain situations.

Key points about the right to disconnect

• Coverage: Applicable to most employees from August 26, 2024, and to small business employees (in organisations with less than 15 staff) from August 26, 2025.
• Protection: Employees can refuse to engage with work communications outside working hours unless their refusal is unreasonable.
• Considerations: Several factors determine if a refusal is unreasonable, such as the reason for contact, level of disruption, employee's role, and compensation for being available or working additional hours.
• Dispute resolution: If a dispute arises, employers and employees should first try to resolve it internally. If unsuccessful, they can apply to the Fair Work Commission for assistance.
• Fair Work Commission's Role: The Commission can issue orders to stop unreasonable behaviour, facilitate dispute resolution, or both.

What should employers do to be compliant?

• Ensure that expectations around working hours have been discussed with employees and codified in job descriptions and performance reviews.
• Update employee contracts and policies to outline when employees may need to be reasonably available outside of working hours (often certain roles are remunerated with this in mind).
• Restructure operations to accommodate the ‘right to disconnect’ for example by scheduling emails to be sent within work hours.

Will the ‘right to disconnect’ work?

While the new laws are a promising step toward healthier work-life balance, their effectiveness hinges on implementation and enforcement. Clear communication and reasonable expectations about after- hours communication are key.

Ultimately, the success of these laws lies in a careful balancing act - where workplaces cultures must respect personal time and promote healthy boundaries, without impacting the need for flexibility as required.