Introduction of the Right to Disconnect

Right to Disconnect added to Closing Loopholes No. 2

The Greens have confirmed on the 7th of February a deal was made to include a ‘right to disconnect’ in the Closing Loopholes No. 2 Bill as part of the ongoing debate of the Fair Work legislation amendments. While the bill has not yet passed, the current version of the Bill does have the support to do so.

What is a ‘right to disconnect’?

Essentially it is a workplace right for an employee to refuse contact or attempted contact from their employer outside the employee’s working hours, unless the contact from the employer is reasonable, the employee is paid to be available (on call or commensurate compensation), or if the contact is required by law.

Who will it apply to?

It will be added into the Fair Work Act and be added into all modern awards. Meaning all employees in Australia will have this right.

When will it come into effect?

Based on the current version of these amendments, the ‘right to disconnect’ part of the Closing Loopholes No. 2 bill will commence six (6) months after the bill achieves Royal Assent, except for small businesses where it will commence 18 months after Royal Assent.

What does it mean for employers and businesses?

Consider what the current expectations in your workplace are for employees to be available outside of business hours and how this might change with the introduction of this bill. There is lead time available to make any necessary changes to your business.

If you think there could be potential impacts on your operations, or you’d simply like to discuss what this means for your business, please contact the Chamber of Commerce NT Workplace Relations team on 08 8982 8102 or via email at [email protected]