New Guidance for Employers on Complying with the Right to Disconnect

As employees gear up to exercise their legislated right to disconnect in just four weeks, public service employers are receiving crucial guidance on how to navigate this new landscape. The Australian Public Service Commission (APSC) has released detailed advice for federal agencies to ensure compliance and best practices.

Training HR Professionals and Managers

A key recommendation from the APSC is for employers to train HR professionals and managers on the interaction between the new right to disconnect and existing general protections laws under the Fair Work Act. It's essential that managers understand that employees should not face any adverse action for exercising their right to disconnect.

New Guidance for Employers on Complying with the Right to Disconnect

Updating Job Descriptions

Employers are encouraged to review and update job descriptions, advertisements, performance agreements, and candidate information packs. These documents should accurately reflect any expectations regarding after-hours contact, particularly for roles where out-of-hours availability is an inherent requirement or where additional compensation is provided for being contactable outside normal hours.

Identifying Risk Profiles

The guidance provides a comprehensive checklist for employers to assess their risk profiles concerning the right to disconnect. Employers should consider:

- Typical working hours and patterns, both in-office and remote

- Frequency and nature of out-of-hours contact

- Third-party contact outside working hours

- Common communication methods

- Accuracy of role descriptions regarding out-of-hours contact expectations

- Compensation for out-of-hours contact

- Legislative requirements for specific roles to be contactable

Additionally, employers should examine how enterprise agreements interact with the legislated right to disconnect.

Illustrative Examples

The APSC guidance includes examples to help clarify appropriate actions. For instance, a senior manager contacting a junior officer for non-urgent tasks outside working hours, and the junior officer choosing not to respond, is highlighted as reasonable. Conversely, a senior lawyer declining urgent after-hours communication related to a critical taskforce role might be seen as unreasonable, warranting potential steps to address the conduct.

Coordination with Fair Work Commission Guidelines

The APSC's guidance will work in tandem with forthcoming guidelines from the Fair Work Commission (FWC). While there is no legislative deadline for the FWC guidelines, they are expected to be shaped by practical experiences and disputes that arise after the right to disconnect takes effect.

Preparing for August 26

The new right to disconnect will be effective from August 26 for all but small employers, who have until the following year to comply. Employers must stay informed through resources like the FWC’s new web page on right to disconnect disputes and information sheets, as well as materials from the Fair Work Ombudsman and the Department of Employment and Workplace Relations.

By proactively updating policies and training staff, employers can ensure they are ready to support their employees' right to disconnect while maintaining compliance with broader employment laws.

For more detailed advice and support on implementing these changes, contact 1800ADVOCATES today.