ACTU pushes to lock right to disconnect into workplace awards
The peak union body has urged the Fair Work Commission to lock in the right to disconnect after Peter Dutton vowed to wind back workplace reforms.
After Opposition leader Peter Dutton vowed to wind back workplace laws in last week’s budget reply speech, the peak union body has urged the Fair Work Commission to lock in the right to disconnect.
The Australian Council of Trade Unions (ACTU) has today urged the FWC to add the right to disconnect to modern awards after Dutton pledged to axe Labor’s industrial relations reforms if the Coalition wins the next election.
“Peter Dutton wants Australians to work longer hours for lower wages while they face cost of living pressures,” said ACTU president Michele O’Neil.
“The right to disconnect is an important part of addressing cost of living because people deserve to be paid wages for every hour they work. Peter Dutton’s promise to take away the right to disconnect shows just how out of touch he is with working Australians. Abolishing this right would worsen the work-life balance of families and create more burnout and stress in people’s lives.”
The ACTU seeks to strengthen the right to disconnect laws in favour of employees, with a clause inserted into awards to hold employers accountable for proper staffing and planning to minimise out-of-hours contact, arguing that employers being disorganised is not an excuse for not paying workers.
Under federal legislation which passed parliament in February, from August 26, 2024, non-small business employees will have a legal right to refuse to monitor, read or respond to contact or attempted contact from their employer outside of their working hours unless the refusal is unreasonable.
The law will apply to small businesses from August 26, 2025.
This right applies to telephone calls, emails, text messages, instant messages (eg via Slack, Teams etc) and any other after-hours contact by an employer that is unreasonable.
Surveys indicate a majority of Australians think a right to disconnect is fair. A Centre for Future Work report showed 84% of working Australians support the legislation.
Peter Dutton and the Coalition argue that the law will weaken Australia’s productivity.
On Friday, the Coalition attempted to pass two amendments to the legislation in the Senate – one to abolish the right to disconnect in its entirety, and another to eliminate it for employees of small businesses. Both attempts were defeated.
The ACTU push comes as peak employer body, the Australia Chamber of Commerce and Industry, warns the legislation could negatively affect on-call workers like emergency plumbers and hit enthusiastic staff eager to take up offers for extra work.
“Various industries already have practices like on-call or call-back provisions that accommodate out-of-hours contact, often with additional remuneration,” said ACCI director of workplace relations Jessica Tinsley.
“The right to disconnect should balance employee rights with business needs, ensuring operations are not compromised while protecting employees personal time.”
In last week’s federal budget, the government recognised SMEs may need help complying with its industrial reform program and allocated $20.5 million to the Fair Work Ombudsman to help support the implementation of the right to disconnect legislation.
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