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New bill aims to give Australians the ‘right to disconnect’ after work hours

By Zarah Torrazo
22 March 2023 | 11 minute read
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Aussie employees will have the legal right to ignore work-related emails, calls and texts once they clock off as part of a Greens’ push for new fair work protections.

On 21 March, Greens leader Adam Bandt introduced the “right to disconnect” bill to the Parliament, which would amend existing Fair Work laws.   

If passed, employers would be barred from contacting employees outside of work hours and employees are not required to monitor, read or respond to emails, calls, or any other work-related correspondence outside their contracted hours.

Notably, the bill allows for exceptions in cases of emergencies or genuine welfare issues, or if the worker receives an availability allowance as part of their compensation.

Mr Bandt, who introduced the private member’s bill, said workers had the right to “switch off after clocking off”. 

“[Technology] has seen work creep into personal time. If you’re not getting paid for it, you should be able to ignore the work texts and emails that come after hours,” he stated. 

Underlining that “switching off and disconnecting” from work is “vital” to maintaining one’s health and work/life balance, he said that “the Greens will fight to get the government to lock in this right as part of their plans to update the industrial relations system”.

If greenlit, Australia may become the second country to enact a “right to disconnect” law, following France.

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The bill’s introduction comes after a landmark Senate report published on 9 March called for a major overhaul of Australia’s workplace laws to fix the crisis affecting workers with caring responsibilities.

In the first report of its kind, the Senate select committee on work and care, chaired by Greens Senator Barbara Pocock, enumerated key reform recommendations supported by the majority of the committee.

In addition to its recommendation to include the right to disconnect from work outside paid hours, other notable proposals include examining the case for a four-day work week in Australia — a workplace policy that is recently gaining traction both in the UK and the US. 

Notably, the Albanese government has recently committed to increasing paid parental leave (PPL) to 26 weeks by 2026 and wants to pay superannuation on PPL, which is another key recommendation of the report.

Other recommendations include taking steps towards universal, quality early childhood education for childcare; lifting pay for care workers in childcare, disability and aged care; the right to predictable, stable rosters; and paid sick carers and holiday leave for casuals.

Although the report’s recommendations extend beyond official government policy, it received backing from both Labor and Coalition senators. However, the major parties cautioned about the cost implications of the report’s recommendations.

During the report’s release, Senator Pocock, who is also the employment spokeswoman for the Greens, said that the Land Down Under’s work conditions had not kept pace with the changing environment.

“Australia is mired in a work and care crisis, which demands bold reform to fix an economic, gender equity and workforce crisis,” she stated.

She highlighted that Australia is an “international outlier” in terms of supporting workers with caring responsibilities. 

“We have slipped too far behind. And we are paying a price in labour supply, stressed workers, and gender inequality.

“The committee’s report gives the government the blueprint it needs to revolutionise our workplace laws, so Australians, and particularly women, can find a balance between working and caring responsibilities,” she said.

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