Disconnect To Rest: Employees' Voicemail Rights
Mr Adam Bandt put forth the Fair Work Amendment (Right to Disconnect) Bill 2023 in Parliament on 20 March 2023. The bill aims to add the right to disconnect to the National Employment Standards (NES) under the Fair Work Act 2009 (FWA). According to the proposed bill, employers won't be allowed to get in touch with employees outside of working hours except for specific situations.
There are only a few exceptions to this rule. They are emergencies, welfare matters, and availability allowances. An availability allowance is when an employer asks you to be available to work during a specific time and pays you for it.
The Bill lists tasks that workers don't have to do after work. If the Bill passes, workers don't have to answer emails, phone calls, or messages outside work, unless they get paid to be available.
The idea of the right to disconnect is not new. Other countries are already practicing it. Many organizations and leaders are already following it. For example, the Victorian police force has a new agreement that includes a right to disconnect provision. It is similar to the proposed changes to the FWA. The provision requires supervisors and managers to respect an employee's off-hours and not contact them unless it's an emergency, welfare matter, or they have received an allowance.
In Australia, the workplace culture is changing. Many people want the right to disconnect and this could become a part of the NES. People are working from home now because of the pandemic and they need to be flexible. This is why people are talking about the right to disconnect.
People are talking about the right to disconnect. It's an interesting topic. Some say it's good because work can be stressful. They say it's important to take care of mental health. Others say that some jobs need people to be available all the time. They think it's part of the job. It's not just lawyers who need to be available all the time.
Many industries report too much work. Some employees think they have to work too long. We spoke about two cases where workers went to court about this. The courts now have to decide what "reasonable" extra hours means. Companies with workers in different time zones have a challenge to let them disconnect.
Mental health is critical, but how will this law work in different workplaces? The new law raises employment questions. What will happen in specific industries? This change is worth watching.
We need to wait and see if the Bill will pass Parliament. Employers should start planning for the change.
