SYDNEY  – Starting Monday, Australian workers will experience a significant shift in their work-life balance with the introduction of the new "right to disconnect" law. This legislation gives employees the legal right to ignore work-related calls, emails, and messages outside of their working hours without fear of repercussions from their employers.

The new rules, part of the amendments to the Fair Work Act, were introduced to address the increasingly blurred lines between work and personal life, which were exacerbated during the COVID-19 pandemic. The shift to remote work left many employees feeling like they were always on the clock, with work constantly encroaching on their private time.

In response, the updated law grants workers an "enforceable workplace right to refuse to monitor, read or respond to contact, or attempted contact, from their employer outside of their working hours, unless such refusal is unreasonable.” The law also extends this right to interactions with third parties related to work.

Dr. Gabrielle Golding from the University of Adelaide’s law school highlights the importance of this change: “Employees will have a definitive end to their working day and no longer carry the burden of continuing to be contactable about work-related matters in their private time, unless certain reasonable exceptions apply. This result signals a momentous societal shift in the value placed on work and similarly on wellbeing and private time.”

The law is intended to reduce stress and burnout by ensuring employees can truly switch off after work, which could lead to productivity gains for employers. “Any organisation that has staff who have better rest and who have better work-life balance are going to have staff who are less likely to have sick days, less likely to leave the organisation,” says John Hopkins from Swinburne University of Technology. “Anything that benefits the employee, has benefits for the employer as well.”

The law is not without its critics. Business groups argue that it could create confusion, uncertainty, and reduce the flexibility of working arrangements. The Coalition has warned that the law might even lead to job losses. Still, the Australian Council of Trade Unions supports the move, stating it "will empower workers to refuse unreasonable out-of-hours work contact and enable greater work-life balance."

There is flexibility within the system, however. The law does not prevent employers from contacting their employees outside of regular hours. Instead, it gives employees the right to ignore such contact unless their refusal is deemed unreasonable. This means that while your boss might send you an email at 11 PM, you’re under no obligation to respond if you finished work at 5 PM.

The law's rollout will apply to all "national system employees" starting August 26, 2024, with small businesses having until the same date in 2025 to comply. As the law comes into effect, both employers and employees are expected to engage in discussions to establish what constitutes “reasonable” and “unreasonable” out-of-hours contact.

Dr. Rachael Potter from the University of South Australia’s Centre for Workplace Excellence notes that while the law is a positive step, a cultural shift is needed for employees to feel comfortable setting these boundaries. “It’s really hard when the manager’s the one sending the emails,” she says. “We want, ideally, the tone to be set, the culture from the managers and colleagues around you to agree on expectations that this time is to switch off and recover.”

Some industries may find the new law challenging to implement. David Brennan, a worker in the financial industry, expressed skepticism about its impact on his field: “I think it's an excellent idea. I hope it catches on. I doubt it'll catch on in our industry, to tell the truth though. We're well paid, we're expected to deliver, and we feel we have to deliver 24 hours a day.”

On the other hand, advertising industry worker Rachel Abdelnour welcomes the change: “I think it's actually really important that we have laws like this. We spend so much of our time connected to our phones, connected to our emails all day, and I think that it's really hard to switch off as it is.”

The law mirrors similar legislation already in place in countries across Europe and Latin America, where the right to disconnect has become a recognized aspect of employee rights. As Australia begins this transition, it will be watched closely to see how it influences work culture and the well-being of its workforce.

For those in workplaces where the right to disconnect is contested, the Fair Work Commission (FWC) will serve as a mediator. If disputes cannot be resolved internally, the FWC has the authority to issue stop orders against employers, and non-compliance can result in substantial fines—up to A$19,000 for an individual employee or A$94,000 for a company.

Ultimately, as Dr. Golding points out, “Refusing to disconnect does not mean you will ‘get ahead’. It means the opposite. Life is for living, and your work is but a part of your life – not the whole of it.”