More clarity or confusion regarding the right to disconnect?

FWC recently provided an updated draft statement on the right to disconnect (click here). Stakeholders have until 1 August 2024 to provide submissions.

In good news, employers are unlikely to be forced to proactively implement measures to prevent employees being contacted outside of working hours to protect their health and wellbeing as the unions had sought.

Standby arrangements are protected as well as clarifying that an employer is not prevented from contacting, or attempting to contact, an employee outside of working hours to notify the employee, in accordance with the usual arrangements for recall or roster-change notifications.

Our Take

This is a sensible compromise.

Since COVID-19 most best practice workplaces have individually navigated and implemented a range of practical processes and guidelines to manage this issue direct with their employees. The arrangements are rightfully tailored to individual circumstances and are not restricted by ‘blunt force’ centralised rules which are often incapable of managing the intricacies of individuals work/life balance.

Best practice workplaces should have nothing to fear from the upcoming changes. Those organisations who haven’t properly addressed their workforce’s psychosocial requirements are most likely going to continue to struggle to implement any such change and meaningfully connect with their workers.

Action Items

• keep an eye out for ongoing FWC statements and orders

• manage your workforce in a manner consistent with your psychosocial risk profile

• use technology for ‘good not evil’

Edge Legal

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