New Right to Disconnect updates in the Manufacturing Modern Award explained.
As more attention focuses on work-life balance, Australia has introduced Right to Disconnect legislation, which is set to impact workplaces across the country.
Recently, while reviewing the Manufacturing Modern Award for a client, I noted a significant update under Clause 17A: Employee Right to Disconnect.This new clause, effective from 26 August 2024, highlights employees’ rights to refuse work-related contact outside of designated working hours, except in specific circumstances.
Here’s a summary of what employers need to know in respect to Right to Disconnect laws and legislation.
What is the Right to Disconnect?
The Right to Disconnect allows employees to refrain from responding to work-related communications outside of their normal working hours, as outlined in Section 333M of the Act. Under this new provision, an employee is entitled to refuse to monitor, read, or respond to contacts, such as calls, emails, or messages from their employer or third parties related to work, during their personal time.
The aim of this clause is to reinforce boundaries between work and personal time, helping employees maintain a healthy work-life balance. The key points in the legislation ensure that employees’ time off is protected, and that employers are mindful of the contact they initiate outside of hours.
Right to Disconnect laws and legislation.
Key points and implications of Clause 17A of the Manufacturing Modern Award.
- Timing of Implementation
- For employers not classified as small businesses, this provision takes effect on 26 August 2024.
- For small business employers, the implementation date is 26 August 2025.
- Limitations on Contact
- Employers should avoid contacting employees outside of their working hours unless the employee is on “standby time” (under Clause 32.14) or in case of a recall to work (under Clauses 32.13 and 57.6).
- Employers are prohibited from taking adverse action against employees who exercise this right, safeguarding employees from retaliation.
- Reasonableness and Exceptions
- Section 333M(3) outlines situations where refusal might be considered “unreasonable” due to various factors, such as emergencies or exceptional business needs.
- Any contact required under Commonwealth, State, or Territory laws is an exception, meaning employees would need to respond even outside of regular hours if mandated by law.
- Dispute Resolution
- Section 333N provides a framework for resolving disputes related to the “right to disconnect,” giving both employers and employees a clear process for handling disagreements about after-hours contact.
- General Protections
- The Act’s general protections prohibit adverse action against an employee who chooses to exercise their right to disconnect. This ensures that employees can confidently maintain boundaries without fear of retribution.
What employers should do to comply with the Right to Disconnect.
With the introduction of this new provision, employers should:
- Review Policies: Update workplace policies to reflect the “right to disconnect,” and communicate these changes to ensure all employees understand their rights and obligations.
- Set Boundaries: Clearly outline situations where after-hours contact may be necessary and ensure employees on standby know when they’re expected to be available.
- Educate Managers: Train managers on respecting employees’ time off and on understanding when contacting employees outside of hours is justifiable.
Conclusion
The Right to Disconnect is an important step towards ensuring work-life balance in Australia. Clause 17A of the Manufacturing Modern Award requires employers to respect employees’ boundaries and reinforces the importance of designated rest periods. This legislation is an opportunity for employers to foster a healthier, more sustainable work environment.
If you have questions about how the right to disconnect may affect your business, especially if you fall under the Manufacturing Modern Award, it may be worth reviewing your practices to ensure compliance and alignment with this new standard.
Right to Disconnect compliance support.
For expert guidance on implementing the right-to-disconnect provisions or assistance with compliance, reach out directly to David Haydon to discuss your obligations and discover strategies to build a compliant, balanced workplace.
David is an employment relations specialist, highly experienced workplace investigator and independent HR consultant. David works with clients Australia-wide.
David Haydon
Employment Relations Specialist, Workplace Investigator and HR Consultant
Disclaimer: This article provides a general summary of the new right-to-disconnect legislation under the Manufacturing Modern Award and does not constitute legal advice. Employers should seek professional guidance to understand how these changes may specifically impact their business operations and employee management practices.