If you’re a self storage business with 15 or more employees (classified as non-small business) the “right to disconnect” came into place on 26th August 2024. Recent legislative changes (Closing Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024) have granted employees an enforceable workplace right to refuse to monitor, read or respond to contact (or attempted contact) from an employee (or a third party) outside of their ordinary hours (unless such refusal is unreasonable).
Understanding the “right to disconnect” further:
The “right to disconnect” does not mean employers are completely barred from reaching out after hours, but employees aren’t obligated to monitor or reply to such messages if doing so is deemed unreasonable.
Work-related contact may include emails, phone calls, or messages via various platforms like Teams or WhatsApp. In self storage, this could also include call outs to the facility or customer contacts. Whether or not an employee’s refusal to respond is unreasonable depends on several factors, such as:
- The purpose of the communication
- How and when the contact occurs, and the potential disruption to the employee
- The compensation the employee receives (monetary or otherwise) for staying available after hours
- The employee’s role and responsibilities
- The employee’s personal circumstances, such as family or caregiving duties.
For example, it would generally be considered reasonable for employers to contact employees for practical reasons, like rostering or about upcoming shifts, or in an emergency, where there is concern at the facility or for workplace health and safety. On the contrary, it might be unreasonable to call to talk about availability a few weeks in advance during the employee’s personal time.
Why is it important to respect this right?
The legislation means that the “right to disconnect” is now a workplace right within the general protection provisions of the Fair Work Act. This ensures that employees are shielded from disciplinary actions, performance issues, reduction in hours, or any other negative consequences for not responding to employer communications outside their regular working hours.
Allowing employees to “switch off” after work is important for their mental health. Failing to respect this right could negatively impact employees and contribute to an unhealthy workplace culture.
In case of a dispute over this right, the law requires an effort to resolve the issue internally. If this fails, either party can escalate the matter to the Fair Work Commission for a resolution.
Your Actions:
If you are a ‘non-small business’ and have not yet begun preparing for the new Act, which is already in effect, you should take the following steps:
- Evaluate need for after-hours communication: Determine necessity and who is responsible, considering employees’ work outside regular hours.
- Review contracts: Check for clauses on after-hours communication and revise as needed.
- Assess remuneration: Ensure employees are compensated for out-of-hours work or consider the implications if not.
- Update policies: Set clear expectations for after-hours contact in policies.
- Develop protocols: Minimise after-hours communication or introduce an opt-in system.
- Educate management: Ensure management respects boundaries and understands the consequences of breaching the right to disconnect.
- Consider culture: Evaluate and promote cultural shifts toward recognising the benefits of disconnecting, with training as needed.
For small self storage operators, with less than 15 employees, these rights will come into effect in August 2025.
The “right to disconnect” gives employees the legal right to disengage from work communications, such as emails and calls, outside of their regular hours without facing penalties. This law promotes work-life balance and mental health by allowing employees to “switch off.” Employers must respect these boundaries, except in cases of reasonable exceptions like emergencies.
Additionally, employers should review their communication policies, update contracts, and ensure that management is aware of the importance of respecting these new rights to avoid disputes and negative workplace culture.
Source: https://hrcentral.com.au/blog/right-to-disconnect/
