How the Right to Disconnect in Australia is essentially anti-burnout law

Over the past few years, the way people work has changed significantly with hybrid work bringing flexible working benefits, but additionally the pitfalls of an “always on” work culture.  Many employees, regardless of where they work, are at a high risk of burnout fuelled by an “always on” work culture that includes unwritten expectations of always being available. 

This type of working environment creates the ideal conditions for potential exploitation of employees, particularly those who may find it challenging to “switch off”.  Technology has now become so connected to us, that finding ways to disconnect from it, and from work, are becoming more challenging. 

The ‘Right to Disconnect’ seeks to address this problem, providing legal protections for employees who reject the “always on” work culture and make the choice to prioritise healthy work/life balance.  It imposes penalties on employers who don’t support employees to disconnect from work, in the same way for example an employer can be penalised for bullying an employee.  This can be a helpful way to look at these new laws, as they are expected to operate in a similar way to the current anti-bullying provisions in the Fair Work Act. 

What is the Right to Disconnect?

The World Economic Forum describes the major intent of the ‘Right to Disconnect’ is to promote more healthy work/life balance by enabling employees to “switch off” from work.  When the ‘Right to Disconnect’ is implemented into workplace laws, it symbolises a greater focus on employee wellbeing and empowers employees to reject the “always on” work culture.

The ‘Right to Disconnect’ first originated in France and now exists as a key feature of workplace laws in Canada, Ireland, Spain, Germany and other countries.  It is now set to become a key feature of the Australian workplace relations system. 

What has been the response to the Right to Disconnect?

The ‘Right to Disconnect’ has this week passed through the Parliament, meaning that Australian employers could now be fined up to $18,000 for contacting employees outside their working hours.  These new laws have of course been received with a mixed response, with some fierce advocates of providing employees with a ‘Right to Disconnect’, with others concerned about the way the new laws have been implemented and the impact they may have on productivity. 

These new laws have been subject to significant criticism, with the Federal Opposition Leader of the view that the ‘Right to Disconnect’ will “see a continuation of the productivity problem in our country”, and the CEO of the Australian Chamber of Commerce indicating that “it is unfathomable that this botched legislation will become the law of the land”.  The Prime Minister is of the view that “People aren’t paid 24 hours a day.  They shouldn’t be punished for not being available 24 hours a day”. 

Politics aside, provided these new laws are effectively implemented in workplaces – they do have the potential to significantly improve the way we, as a society, respond to burnout. By considering the ‘Right to Disconnect’ as essentially anti-burnout legislation, this will require employers to take more proactive action to prevent burnout.  Employers will be required to support employees to create more healthy relationships with technology, making setting work/life boundaries a career defining move, as opposed to a career limiting one. 

How will the Right to Disconnect feature in the Australian workplace relations system?

The ‘Right to Disconnect’ will be included as an amendment to the Fair Work Act 2009, preventing employers from contacting employees outside work hours. This new legislative protection is designed to ensure employees are not required to monitor, read or respond to email, telephone calls or any other kinds of communication from an employer outside their working hours.

A ‘Right to Disconnect’ is not entirely new in the Australian workplace relations system, with currently over 56 enterprise agreements already including the right to “switch off”.  These enterprise agreements typically cover workers in policing, teachers, banks and financial institutions. 

Is the Right to Disconnect essentially anti-burnout law?

Burnout is the new bullying.  The ‘Right to Disconnect’ laws will benefit employees by requiring employers to think more deliberately about role design, work structure and how work gets done through prioritising the health and safety of employees.  This is a positive step forward, as protecting workers from the psychosocial hazard of burnout should be a priority of all employers.  However, it is important to ensure that the ‘Right to Disconnect’ does not have any unintended consequences, for example negatively impacting the progress we have made in Australia in recent years in embracing flexible working arrangements.

More information

As more information on the Right to Disconnect becomes available, we will provide updates and resources for business owners, leaders and HR practitioners. To be the first to know about these new updates and resources, you can subscribe to our mailing list here. 

Disclaimer: The material contained in this article is provided as general information only.  It is not, nor is intended to be legal advice.  If you wish to take any action based on the content of this article, we recommend that you seek professional advice that considers your specific context, needs and requirements.