ACTU wants FWC to spell out guidelines on right to disconnect
The Fair Work Commission (FWC) is being urged to include more practical detail in the award terms for the right to disconnect that's coming to most workplaces later this month.
The FWC has been tasked to include a right to disconnect term in all modern awards, which set the minimum terms and conditions for workers in different industries and sectors.
It issued a draft term for consultation in July, which the Australian Council of Trade Unions (ACTU) said could use "more practical detail."
According to ACTU, the awards should spell out the factors to be considered in determining whether a refusal is unreasonable, including specifying conditions for when workers are on approved leave or when employers haven't taken all reasonable steps to avoid contacting workers outside of working hours.
ACTU also wants employers to carry the onus on discouraging customers and clients from contacting employees outside of their working hours.
"Workers shouldn't have to respond to contact outside of work about work or about rostering for shifts they haven't asked for, simply because their bosses were too disorganised," said ACTU president Michele O'Neil in a statement.
"If you're a teacher for example, you should be able to spend time with your loved ones on school holidays, instead of dealing with work calls."
It is also asking the FWC to review the provisions after 12 months to evaluate if changes are needed to prevent unnecessary disputes.
Australia's right to disconnect
The right to disconnect is coming into effect for most workers on August 26, and for those in small businesses in August 2025. It grants employees the right to refuse out-of-hours contact from their bosses unless the refusal is unreasonable.
The implementation follows the controversial passing of the legislation in February that was opposed by employers at the time.
"The right to disconnect is an important win for workers to ensure Australians are not expected to work for free and that is especially important given current cost-of-living pressures," O'Neil said.
Opposition leader Peter Dutton, however, has committed to repealing the right to disconnect, citing its potential harm on employer-employee relationships and productivity, ABC News reported.
Commenting on the opposition leader's pledge, O'Neil called Dutton "out of touch."
"Time and time again, big businesses have opposed the right to disconnect, and Peter Dutton has backed them every step of the way. Working people now know that Peter Dutton doesn't care about their work-life balance," she said.
