ARTICLE · 13 DECEMBER 2024

Understanding the new employee right to disconnect

McCabes

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Right for an employee to "switch off" and refuse contact by their employer, outside their ordinary working hours.

AustraliaEmployment and HR

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On 12 February 2024, the Fair Work Legislation Amendment (Closing Loopholes No 2) Bill 2023 (Closing Loopholes (No 2)) was passed by Parliament, legislating additional changes to the Fair Work Act 2009 (FW Act). These amendments will come into effect six months after the Bill is given Royal Assent, or 18 months after for small businesses.

Among the amendments made by Closing Loopholes (No 2)) is the introduction of an enforceable right for an employee, where reasonable, to "switch off" and refuse contact by their employer, outside their ordinary working hours.

What is the right to disconnect?

The Closing Loopholes (No 2) will amend the FW Act to include an enforceable workplace right for an employee to disconnect from their employers and third parties (if the contact or attempted contact is related to an employee's work).

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