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Australia is taking a significant stride towards reclaiming the balance between our work and personal lives with the recent enactment of the Fair Work Amendment (Right to Disconnect) Bill 2023. This pivotal legislation marks a decisive response to the escalating concerns surrounding mental health, particularly addressing the detrimental impacts of stress and overwork in today's society. 

Recently, there has been a conversation about “availability creep”, where it has almost become expected for employees to complete work outside of their agreed-upon work hours. The relentless pace of technological advancements could be to blame as it has caused the traditional boundaries of the workday to vanish. Emails, messages, and calls infiltrate our time, leaving individuals bound to their professional obligations long after they have left the office. The consequences are profound, leading to heightened stress levels, diminished well-being, and an alarming rise in burnout cases.

What is the Right to Disconnect?

The Right to Disconnect is set to commence on 26 August 2024 and will mark a pivotal shift in workplace dynamics, offering employees the freedom to decline engagement with work-related tasks beyond their designated hours. This encompasses a range of activities, including monitoring, reading and responding to emails, texts, or phone calls initiated by employers or colleagues. By delineating clear boundaries between professional responsibilities and personal time, this legislation aims to safeguard individuals' well-being and foster a healthier work-life balance.

What does this mean for employers?

As employers, it's imperative to adapt to this change to ensure a seamless transition. To safeguard both employees and the organisation, consider the following steps:

• Provide comprehensive training sessions for employees to familiarise them with their newly granted right to disconnect.
• Conduct a thorough review of existing employment contracts and job descriptions to align them with the provisions of the right to disconnect.
• Evaluate current workplace policies and develop new guidelines specifically addressing working outside of employees' agreed-upon working hours and the circumstances in which an employee might be contacted out of hours. 
• Design jobs and daily tasks that can be completed within normal working hours. 
• Implement new processes such as automatic cut-offs in the IT systems past a certain hour.

As a manager, if you have important information to communicate to a staff member, consider scheduling it for discussion the following day or at the start of the next work week. Some people find it difficult to say no and may feel the need to take action in their time. Initiating contact outside of work hours can be perceived as selfish because you're offloading your responsibilities onto them, transferring the burden from your mind to theirs. Remember, what may seem trivial to you could significantly impact an employee's ability to unwind and spend quality time with their family.

These are only some suggestions, but ultimately, the approach should be tailored to your specific business. Prioritise what you believe is necessary and what will be most effective for you and your team. You could even ask your team for some ideas on what they believe will work. This two-way communication will not only ensure a seamless transition but also assist in maintaining positive relationships within the workplace. 

There are of exceptions to the new right concerning urgent matters and the level of responsibility and terms outlined in employment contracts so if you do need to reach out to an employee, you must be clear in instructions.

What does this mean for employees?

As an employee, it's advisable to take control of how you receive notifications outside of the workplace. Consider the following steps:

• Organise your email inbox to avoid receiving notifications during non-work hours.
• If you use a work phone, adjust the settings to route calls received after office hours directly to voicemail.

Final Thoughts

At Constructive, we think Australia's enactment of the Right to Disconnect represents a milestone in prioritising mental health and creating a sustainable work environment. This new legislation not only empowers employees to reclaim their time but also challenges organisations to reassess their approach to productivity and well-being in the modern workplace. As we navigate this new era, both employers and employees need to embrace the principles of respect, communication, and boundary-setting, ensuring a harmonious and sustainable work environment for all.

I hope you have found this helpful and good luck!