Yahoo Finance Right to disconnect: War erupts over new Aussie workplace law
The Right to Disconnect laws are now being enforced across the country.
A war of words has erupted over the impact of new workplace rules that have come into effect today. One of the laws, the right to disconnect, grants Aussies the right to refuse all communication from work colleagues if it's outside their normal work hours.
HR expert Lara Nercessian told Yahoo Finance the laws would no doubt take some time to get used to. She said employees would need to work with their managers to set clear boundaries around what was acceptable.
"Something that I have observed many people struggle with, their own personal boundaries in the workplace, is the ability to say no," she said.
"No is a full sentence, but it often is the hardest for individuals to say."
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Albanese hopes new laws will boost productivity
Prime Minister Anthony Albanese believes the right to disconnect laws will be a game-changer for many Aussie workers.
He believes it'll not only "boost productivity" during work hours, but has the potential to improve workers' mental health because they're not feeling pressured to be contactable every hour of the day and night.
"For many Australians, I think they’re getting frustrated that they’re expected to be on their phones, their emails, all of that, for 24 hours a day," he told ABC Radio.
He added: "When people are actually loyal to their employer and focused on what they should be doing and not being distracted during 24 hours a day, but focused on eight hours a day, or if they’re working longer hours than that, longer, you’ll get a more productive workforce.
"The idea that you should be on call at 10 o’clock at night if you work a 9-to-5 job isn’t reasonable.”
But the Business Council of Australia (BCA) is concerned the right to disconnect and the raft of new rules contained in the Closing Loopholes bill could add more headaches for Aussie businesses during a time of "historically low productivity".
The bill also covers the definition of casual employment, intractable bargaining workplace determinations, sham contracting, minimum standards for employee-like workers such as Uber drivers, and a bunch of other workplace rights.
“These laws put Australia’s competitiveness at risk by adding more cost and complexity to the challenge of doing business, and that means less investment and fewer job opportunities," BCA chief executive Bran Black said.
“At a time when productivity has flatlined and insolvencies are increasing, we can’t risk making it harder to do business with added red tape.”
How workers can use the right to disconnect to their advantage
It's worth noting that your boss won't be banned from contacting you under the new right to disconnect laws. But you will have the ability to not answer; whether it be a call, text email, Slack message or even smoke signal.
The new legislation has support from workers. A poll of more than 4,700 Yahoo Finance readers found 49 per cent do not want to be bothered by work matters when they're not on the clock.
A further 30 per cent believe contact outside of work hours is understandable if the role or job requires it, while only 6 per cent think being messaged or called when you're not working is "no big deal".
Nercessian said the best way for workers to find their voice to say "no" starts with understanding their workplace rights.
Then, determine what they are comfortable with in terms of being contacted outside of work.
Finally, they need to have an open discussion with their manager about their boundaries.
But that can be easier said than done.
Do you have a story? Email stew.perrie@yahooinc.com
Quality over quantity: Seismic shift in Aussie workplaces needed
The concept of what makes up a hard worker can vary from workplace to workplace, or industry to industry.
Some workers have built their careers off the back of the motto that you never leave before your boss does.
But there's been a generational shift putting Baby Boomer ideals at odds with approaches being taken by Gen-Z or Millennial bosses.
"A lot of the previous ways of working has been about who is in the office working the latest," Nercessian said.
"If you're seen to be the person who is answering emails at any time, or if you're staying back at the office working long hours, then you are outperforming other people in your team, and therefore, it would be assumed that your performance is higher."
The HR expert said this was proof there was a long way to go in shifting the mentality that hours spent equated quality.
"The sooner that organisations are able to really reward productivity and output over just busy work, the better off their outcomes will be," she said.
"I see that as being a win win win situation for everyone," she said.
What is the Right to Disconnect? How laws apply in Australia
Fair Work announced the new laws would come into effect for non-small businesses on Monday, August 26.
There's another year before they will be enforced for small businesses.
They are protected under the Fair Work Act
So what does it mean? The key term to consider will be unreasonable communication.
Fair Work said the following factors will come into play when determining what is and is not reasonable:
The reason for the contact
Whether the employee is compensated for being available and working extra hours
The nature of the employee’s role and responsibility
Their personal circumstances, including family or caring responsibilities.
What happens if my right to disconnect is violated?
Disputes should first be discussed in the workplace. If they can't be resolved there, they can be taken to the Fair Work Commission (FWC).
The FWC can:
make a stop order
deal with the dispute in other ways, like a mediation conference, or
both of the above.
You can find out more information about your rights here.
Why do we need the right to disconnect?
Concerns have grown for employees who are increasingly expected to be available to their employers, particularly with the rise of technology and options like work from home.
It's costing Australians time away from their friends, families or passions. But it's also costing money.
A 2023 study by the Australia Institute's Centre for Future Work estimated Australians worked an extra 5.4 hours a week, or 280 hours a year of unpaid work.
That's $130 billion in lost income, at a time when many struggling with the cost of living already feel they need to take on second jobs.
The pressure to be 'always online'
The research indicating that Australians work more than the typical 9 to 5 extends beyond the Australia Institute.
Research from Robert Half revealed that 87 per cent of Aussie workers had been contacted by a colleague outside of work hours.
ELMO, the cloud-based HR software platform, revealed work from home (WFH) arrangements had made the situation even worse.
Their research found that 63 per cent of workers feel they need to be "always contactable" when they're not working from an office.
"In the post-pandemic world, many businesses are striving to create a balanced flexible working policy that promotes face-to-face engagement with colleagues and peers in the workplace, while supporting flexibility," ELMO Software chief executive officer Joseph Lyons said.
"Despite this, our data reveals a trust gap between managers and their direct reports, particularly when they’re working from home."
How will the Right to Disconnect work?
Nercessian said the onus for a real cultural shift lands on the shoulders of management or the employer.
"What we would like to be seeing is organisations and leadership teams really getting behind the policy, really embracing it, and supporting that from a cultural perspective," she said.
"And then for individuals to be empowered to understand their own level of boundaries as well."
She said there was a "long way to go" until workers would feel empowered to push back on requests "without there being adverse consequences".
Suhini Wijayasinghe, head of HR Solutions at people2people Recruitment, told Yahoo Finance the shift was "generational" and workers would need to have patience while the rules settle in.
"A lot of businesses are going to panic about how to implement this particular change because it is a big change," she said.
"And so I think the conversation, rather than is it right, is it wrong, is more about how are you actually going to engage with your workforce to do this properly."
Wijayasinghe agreed that workers and management alike would need to brace for an "explorative period".
The two HR experts said these new laws are just the tip of the iceberg and have called for more workplace protections to be considered.
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