By Nanae Yoshiwara, Litigation Solicitor at Argon Law
August 2024 marks a significant advancement in the work-life balance of employees in Queensland with the introduction of the new "Right to Disconnect" laws for non-small business employers.
This legislation will come into effect for small business employers a year later, on 26 August 2025.
Modelled after similar laws in France and other countries, this change aims to enhance the quality of life for workers by formally recognising the importance of downtime and personal space outside of work hours. The legislation in Queensland is part of broader workplace reforms under the Fair Work Act, particularly focusing on workers' rights and mental health.
What Does The “Right to Disconnect” Legislation Mean?
The "Right to Disconnect" allows employees to refuse work-related communications outside of their standard working hours. This includes calls, emails, and any other forms of contact unless the employee's refusal is deemed unreasonable. The essence of this legislation is to ensure that employees can enjoy uninterrupted personal time without the obligation to respond to work-related matters.
Who Do The “Right to Disconnect” Laws Apply To?
As of the 26 August 2024, the law applies to all non-small business employers in Queensland, which are defined as having 15 or more permanent employees at any given time.
Small business employers (less than 15 permanent employees) will need to comply with this law starting from 26 August 2025. This staged implementation gives smaller businesses additional time to adjust their practices to accommodate this new right.
What Happens If an Employee or Employer Has a Dispute?
Employees and employers are encouraged to resolve any disputes regarding the right to disconnect at the workplace level initially.
If a resolution cannot be reached internally, the Fair Work Commission is available to handle the dispute. This can include making a stop order or holding a conference to facilitate a resolution.
The Global Context and Benefits
Countries like France have had similar laws in place for several years, leading to improvements in employees' mental health and overall work satisfaction. These laws help create a more sustainable work environment by setting clear boundaries between work and personal life.
Awards and the Right to Disconnect
All relevant employment awards will be required to include a "right to disconnect" term by today's date. This inclusion means that each award will have specific rules outlining how the right applies across different industries and job roles, ensuring clarity and fairness in its application.
Protections Under the Law
The right to disconnect is not just a policy but a protected workplace right under general protection laws in the Fair Work Act. This means it's safeguarded against unfair work practices, providing a robust framework for employees to assert their rights without fear of repercussions.
While the Right to Disconnect is a progressive step towards improving work-life balance, it may also introduce challenges, particularly around defining "reasonable" refusal. Employers in industries where after-hours communication is common might find it difficult to navigate these new boundaries without risking non-compliance. Small businesses, in particular, could struggle with the operational impact of these laws, given their limited resources. Disputes may arise when employees and employers have differing views on what constitutes necessary after-hours contact.
How Argon Law Can Assist
At Argon Law, we understand that implementing and adhering to these new laws may be challenging for both employers and employees. Our team is equipped to provide comprehensive advice and support in navigating these changes. Whether you need assistance in drafting compliant workplace policies, resolving disputes, or understanding how these laws impact your business, we are here to help. Our goal is to ensure that your rights and obligations under the Right to Disconnect laws are clear, manageable, and enforceable, minimising conflict and fostering a healthier work environment.
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