Guidance on the Right to Disconnect in the Public Sector

Published

The Right to Disconnect

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduced a new right to disconnect for all national system employees into Part 2-9 of the Fair Work Act 2009.

The right to disconnect will grant all national system employees an enforceable workplace right to refuse to monitor, read or respond to contact, or attempted contact, from their employer outside of their working hours, unless such refusal is unreasonable. The right to disconnect will also enable an employee to refuse to monitor, read or respond to work-related contact, or attempted contact, from a third party.

The legislation provides a non-exhaustive list of matters that must be taken into account when determining whether an employee’s refusal to monitor, read or respond to contact is unreasonable:

  • the reason for the contact or attempted contact;
  • how the contact or attempted contact is made and the level of disruption the contact or attempted contact causes the employee;
  • the extent to which the employee is compensated to remain available to perform work during the period in which the contact or attempted contact is made or for working additional hours outside of the employee’s ordinary hours of work;
  • the nature of the employee’s role and level of responsibility; and
  • the employee’s personal circumstances, including family or caring responsibilities.

The right to disconnect will apply to all national system employers and employees, other than small businesses, from 26 August 2024.

Guidance on the Right to Disconnect in the Public Sector

The APSC has published new guidance for Commonwealth agencies on the implementation and operation of the right to disconnect in the public sector. The guidance provides:

  • an overview of the legislation, including the interaction between the right to disconnect and the general protections regime in the Fair Work Act
  • guiding principles for agencies and managers on applying the right to disconnect in the workplace
  • practical steps that agencies can take in response to the new legislation, including identifying risk-factors and developing agency-specific policies, and
  • a number of detailed illustrative examples to assist managers and employees to understand the operation of the right to disconnect in practice.

Agencies should consider the guidance and take steps to prepare for the commencement of right to disconnect. This will ensure they are equipped to support managers and employees and prevent potential disputes.

The Fair Work Commission is also preparing a guideline on the right to disconnect and the Fair Work Ombudsman will provide tailored support for businesses, particularly small businesses, to understand the changes.

Further information

Downloads

Was this page helpful?