Australia’s new Right to Disconnect laws present an important opportunity for workplaces – a chance to enact organisational change that protects employee wellbeing in an increasingly hyper-connected world.
On 26 August 2024 changes to the Fair Work Act were introduced to allow employees the right to disengage from work communications outside their regular working hours. The laws are designed to prevent employers from taking disciplinary action against employees for choosing not to “monitor, read or respond to communications from an employer or third party made outside their working hours, unless refusal is unreasonable”.
These changes are not just a regulatory shift, but an opportunity for organisations to have important conversations about employee wellbeing and foster workplace environments where employees can set reasonable boundaries between their work and personal lives.
Understanding the impact on diversity and inclusion
While offering important benefits, our increasingly connected world has encouraged an ‘always-on’ culture that blurs the lines between work and home life. These boundaries are particularly important in the post-COVID context where hybrid working is more common, and many workers have home office set-ups. As the nature of work changes, so too must our rights at work.
All people working in Australia are entitled to certain workplace protections and rights under the Fair Work Act, which is designed to “provide a balanced framework for cooperative and productive workplace relations that promote national economic prosperity and social inclusion for all Australians.” This includes remuneration entitlements (including equal pay for men and women), unfair dismissal, discrimination, leave, and hours of work, which the Right to Disconnect falls under. Australia is also a signatory of the International Covenant on Economic, Social and Cultural Rights (ICESCR) which emphasises “the right of everyone to the enjoyment of just and favourable conditions of work”, including “Rest, leisure and reasonable limitation of working hours”.
By formally stating that employees aren’t expected to respond to work messages outside of their regular hours, these laws can help protect people’s right to rest and leisure by emphasising a clear boundary between their work and personal time.
This is particularly important for people with caregiving responsibilities (who are often disproportionately women), workplace adjustments, cultural responsibilities, and for flex workers who may feel pressure to respond or work outside of their set hours.
Encouraging reasonable boundaries between work and rest is crucial to preventing burnout and stress, which not only has a huge impact on employees, but also results in lower productivity and slimmer profit margins. Conversely, DCA’s 2023-2024 Inclusion@Work Index found that workers who had access to the flexibility they needed to manage work and other commitments were almost four times more likely to feel their work positively impacted their mental health. Employees from marginalised groups who might face additional pressures or biases at work could particularly benefit from a clearer boundary between work and personal life.
Implemented correctly, the Right to Disconnect can prompt employers to examine workload, job design, and how their teams are structured to ensure their workplace does not regularly intrude on their employees’ personal lives.
Balancing Right to Disconnect with flexible work arrangements
Despite the potential benefits, one of the central concerns around the Right to Disconnect is how it intersects with flexible work arrangements. The goal should be to ensure that the right to disconnect does not inadvertently restrict flexibility but rather complements it. Here are key strategies to achieve this balance:
- Clear communication of expectations: It is crucial for organisations to clearly communicate expectations around flexible work and disconnection policies. Flexible work arrangements should be designed to accommodate employees’ needs while respecting their right to disconnect. For example, if an employee works outside regular hours due to personal preference or necessity, it is essential to agree on when and how to manage communication to avoid misunderstandings.
- Tailored flexibility: Implement flexibility in a way that aligns with individual roles and personal circumstances. For instance, some roles may require occasional after-hours work, but this should be agreed upon mutually and be appropriately compensated. Flexible arrangements should not become a loophole that undermines the right to disconnect but rather a framework within which it operates.
- Regular review and adaptation: Policies should be reviewed regularly to ensure they remain effective and inclusive. This involves gathering feedback from employees about their experiences with both disconnection and flexibility. Organisations should be prepared to adapt policies based on this feedback to maintain an optimal balance.
- Inclusive policy design: Policies should be designed with input from a diverse range of employees to ensure they meet the needs of all groups. This includes considering different cultural practices, caregiving responsibilities, and personal circumstances. Inclusive policy design helps prevent any group from being disproportionately affected by the changes.
The role of good management
Effective management plays a crucial role in implementing the Right to Disconnect without risking negative impacts on workplace inclusion. Managers can champion and model healthy and appropriate boundaries between work and rest to ensure these changes are effectively integrated into the organisational culture. Here are some key managerial practices:
- Leading by example: Managers can model the right to disconnect by adhering to the same boundaries they expect from their teams. This sets a precedent and encourages employees to feel comfortable disconnecting without fear of reprisal, negative perceptions or repercussions. Managers can also take this change as an opportunity to reflect on how they manage staff and their expectations around deadlines and responsiveness.
- Optimizing job and team design: It is important to examine individual roles and team structures to ensure workloads do not require unreasonable contact afterhours. This includes creating roles with clear boundaries and flexible arrangements that accommodate diverse needs. Ensuring equitable distribution of tasks and considering different work styles can help maintain work-life balance and inclusivity. Proper adjustments also enhance employee wellbeing, leading to improved productivity and engagement.
- Providing training and support: Managers can be educated or undertake appropriate training to ensure they understand and implement the Right to Disconnect and flexible work arrangements effectively. This includes recognising the importance of boundaries and being supportive of diverse needs and preferences. Training should emphasise inclusivity, respect for personal time, and the benefits of flexibility for all employees.
- Encouraging open dialogue: Fostering an environment where employees feel comfortable discussing their needs and preferences regarding work hours and flexibility is essential. Managers should encourage open dialogue and be responsive to employees’ concerns and feedback.
- Promoting awareness: Ensure that all employees are aware of their rights under the new laws and understand how to use them effectively. Awareness campaigns and educational resources can help demystify the Right to Disconnect and its benefits, ensuring a more inclusive and supportive work environment.
Implementing changes without hindering inclusion
The Right to Disconnect laws represent a significant opportunity to advance workplace diversity and inclusion by challenging employers to take a more mindful approach to how and when they communicate with employees. However, the impact will largely depend on how these laws are implemented and how organisations adapt their policies.
Implementing the Right to Disconnect requires careful planning to ensure that it enhances rather than hinders diversity and inclusion. Companies will need to ensure that the right to disconnect is not used as an excuse to limit opportunities for career advancement or to impose rigid working hours. A balanced approach that respects employees’ rights while supporting professional growth and collaboration is essential for maximising the positive impact these laws can present.
It’s essential to carefully balance the right to disconnect laws with flexible work arrangements, leveraging effective management practices, and implementing inclusive policies. By doing so, organisations can enhance work-life balance and support a diverse workforce. With thoughtful implementation, these changes will contribute to a more equitable and inclusive workplace, benefiting all employees and further driving organisational success.
DCA’s definition of inclusion emphasises respect, connection, and contribution to organisational success as essential factors in employee engagement, wellbeing, and productivity. Embedding respect for personal time and flexibility into your workplace culture not only ensures compliance with these new laws, but also creates an environment where employees in all their diversity can thrive.
Lisa Annese is the CEO of Diversity Council Australia and a leading voice on diversity and inclusion in the public arena. Under her leadership, DCA delivers innovative resources to support Australian businesses in fostering a more diverse and inclusive workforce. In 2024, Lisa was appointed to the NSW Women’s Advisory Council and reappointed to the Respect at Work Council by the Attorney-General, implementing the legislative reforms from the Respect@Work Act. In 2018, Lisa was named one of the AFR’s 100 Women of Influence. Lisa sits on the boards of Amnesty International Australia and Women for Election. She is also a member of Chief Executive Women.
Additional resources
- Right to Disconnect factsheet, Fair Work Commission
- Right to disconnect Implementation Report, Fair Work Commission
- How the right to disconnect could benefit workplaces, Melbourne Business School
- The right to disconnect is coming to Australia. What does this mean for you? The Conversation
- ‘Right to disconnect’ hits Australia: Everything you need to know about new legislation, HRD
- Flexible Work guidelines, WGEA