Starting 26 August 2024, most Australian employees covered by the Fair Work Act (except for those employed by a ‘small business’ with less than 15 employees), will have the right to disconnect from work-related communications outside of their regular working hours.
To help you prepare, we recommend implementing the following action plan:

Assessing current work arrangements
Take stock of your current work arrangements, including any explicit or implicit expectations on your employees. Some businesses may have minimal changes to implement, while others may need to overhaul their culture.

Reviewing contracts and policies
Ensure all employment contracts and policies align with The Right to Disconnect. You may need to amend some contracts and policies, or write new ones.

Reviewing pay and resourcing for high-risk groups
Are employees regularly working beyond their contracted hours? Are overtime rates, as outlined in the relevant agreement or modern award, being accurately applied? To ensure all employees are fairly compensated for their work, we recommend a review of overtime practices and payments.

Management education and training
Managers and team leaders will need proper training, so they know what is and isn’t appropriate under the legislation. Align all training with appropriate policies and procedures so there’s no ‘grey areas’.

Communicating with employees
Take time to talk to your staff about the changes. Ensure they know their rights and responsibilities, protocols for providing feedback, and your commitment to implementing the new changes.

Establishing a feedback system
Change can often present challenges. We recommend implementing a user-friendly feedback system accessible to all employees. Clearly outline the process for providing feedback, including who to contact and how to share suggestions.
What is the right to disconnect?
The right to disconnect will mean that employees can legally refuse to respond to work-related contacts outside of their regular hours, unless it’s unreasonable. This includes calls, emails, texts, and online messages. Employers cannot take disciplinary action against employees for exercising their right to disconnect.
Not sure what these changes mean for you or your business?
Reach out to us at hello@flawlesshr.com.au – we’d love to help you!