Right to disconnect
Eligible employees will have the right to refuse employer or third-party contact outside of working hours in some circumstances.
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduced a new right to disconnect which grants employees the right to disconnect from their employer outside their work hours.
This right gives employees the right to refuse to monitor, read, or respond to contact or attempted contact from their employer outside of working hours, unless it would be unreasonable to do so. Additionally, employees are granted the right to refuse to monitor, read, or respond to work-related communications from third parties during their personal time.
The legislation outlines several factors that must be considered when determining whether an employee’s refusal to engage with work-related contact is unreasonable, including:
- The reason for the contact or attempted contact;
- The method of contact and the level of disruption it causes the employee;
- The extent to which the employee is compensated for being available outside their normal working hours or for working additional hours;
- The nature of the employee’s role and their level of responsibility; and
- The employee’s personal circumstances, including family or caring responsibilities.
These changes start on:
- 26 August 2024 for non-small business employers
- 26 August 2025 for small business employers .
How will this work for the property industry?
The right to disconnect will have a mixed impact on real estate agents, who are often used to being available around the clock. This new right could help agents set clearer boundaries, reducing burnout and improving their overall well-being by allowing them to take personal time without feeling the need to respond to every call or email.
However, in the competitive world of real estate, being available and responsive is crucial. Agents who aren't immediately reachable might miss out on potential listings or sales, which could make it difficult to fully embrace the right to disconnect.
The effect on real estate agents will largely depend on how well they and their agencies manage this new right. It might require a change in how they handle client expectations and use technology to stay responsive while also protecting their personal time.
Time to get those Operational Procedures updated!
More information on the right to disconnect can be found here: