Final Modern Awards Right to Disconnect Term
All modern awards must include a Right to Disconnect Term from 26 August 2024 (26 August 2025 for small business employers). On 23 August 2024, the Fair Work Commission published the final Right to Disconnect Term effective 26 August 2024.
What is the Right to Disconnect?
The new right to disconnect allows employees to refuse contact outside their working hours unless the refusal is unreasonable. Among other things, employees may refuse to monitor, read or respond to contact from their employer or third parties such as clients.
Among other things, employers must consider the following when determining whether an employee’s refusal of contact is unreasonable:
the reason for the contact;
any compensation or additional pay for:
availability to work within a specific period;
working additional hours outside ordinary hours of work;
the nature of the employee’s position and level of responsibilities; and
the employee’s personal circumstances, including family or caring responsibilities.
What about Enterprise Agreements?
The Right to Disconnect must be reflected in enterprise agreements. New or existing right to disconnect terms in enterprise agreements may only continue to apply if they are more favourable.
Contact Us to find out how we can help you update your employment and industrial relations practices
