Business fights back against ‘right to disconnect’ from work

“While it’s true that historically employees did not have to deal with employers contacting them outside working hours at the same rates as today, it is also true that historically employees were expected to work a standard 9am-5pm day (or equivalent) and to remain at their place of work for the entirety of the day,” the business group told the Senate inquiry.

“This traditional work practice acted as a barrier to many workers who have thrived in the modern era with its increased flexibility and focus on work life balance (including for those with caring responsibilities). This proposal risks taking us back to this undesirable, rigid working environment.”

There is no final version of the amendment, but experts have said there should be exemptions to deal with the needs of different occupations.

Greens senator Barbara Pocock, who has spearheaded the reform, said the party was proposing a “two-pronged” approach that limited employers’ conduct and protected employees.

“A legislated right to disconnect will prevent employers from unreasonably contacting their workers out of hours and also empower workers to ignore work calls and emails after hours, where those demands are unreasonable,” she said.

She added workplace laws were increasingly out of step with changing workplaces and technology had “put the office in our pocket – meaning we are contactable day and night”.

“We are now struggling with the implications of this on our health and wellbeing, as well as our pay packets,” she said.

A spokeswoman for independent senator David Pocock said he had been briefed by the Greens and was “supportive in principle but just wants to see what it looks like in practice”.

Senator Jacquie Lambie is yet to come to a position.

University of Adelaide law professor Andrew Stewart has supported legislating the right as a general principle in the Fair Work Act and elaborating on it and identifying exceptions through industry awards.

“The issues here – the matters which need to be taken into account in terms of practical operation – may be very different, depending on whether you’re talking about an academic, on the one hand, or a police officer or an accountant on the other,” he told the Senate inquiry earlier this year.

However, ACCI is strongly opposed to any laws that could lead to employers fined for contacting workers outside of hours.

“The margin for error (i.e. not realising the time or senior members of staff not being aware that a particular employee has directed the employer not to contact them after hours) is very broad,” its submission says.

It also warned that employers considering requests to change work hours to allow for school pick-ups, for example, would be less able to accommodate them if the employee was not contactable in the event of emergencies.

Bosses would also be less willing to let staff leave the office to attend to personal matters without personal leave if they cannot contact staff when a work issue arises after hours.

“This ‘give and take’ mentality is a positive development of the modern era.”

ACTU assistant secretary Liam O’Brien countered that the right to disconnect would protect those with caring responsibilities.

“Allowing working people the right to disconnect outside of working hours is necessary not only for their mental health and wellbeing, but also for ensuring that those with caring responsibilities – who are primarily women – aren’t disadvantaged relative to their coworkers when it comes to pay and career advancement,” he said.