In what’s being hailed as a "watershed moment" for corporate Australia, millions of workers now have the legal right to block their boss after hours — without fear of retaliation.
The introduction of the "right to disconnect" law means Australia joins 25 other nations in giving workers more control over their personal time.
But as New Zealand watches from across the Tasman, the question remains: could a similar law be passed here?
A new era for Australia's workers
Christopher Luxon is expected to travel to Sydney to meet with Australian Prime Minister Anthony Albanese on Wednesday. (Source: Getty)
Under the new rules, employees have the right to refuse to monitor, read, or respond to contact from employers or third parties unless that refusal is deemed unreasonable, such as a work-related emergency.
"It will change the patterns and the way in which people are conducting work and hopefully give them an opportunity to get their private life back," said labour law academic Gabrielle Golding.
The law, however, does not prevent employers from contacting their staff. Employees also can’t be disciplined or let go for refusing contact outside of work hours. Those found in violation could face fines of up to AU$19,000 (NZ$20,670).
Australians right-to-disconnect laws come into effect from August 26. (Source: istock.com)
But the ambiguity around what constitutes "reasonable" contact has many experts questioning how the law will work in practice.
"What’s reasonable or unreasonable will depend on individual circumstances, and that uncertainty is part of what the industry is grappling with," said Brent Ferguson of the Australian Industry Group.
What is the definition of 'reasonable contact'?
An employee being comforted by a coworker in the workplace. (Source: istock.com)
Several factors must be considered when determining what is reasonable, including (but not limited to):
- The reason for the contact
- How the contact is made and how disruptive it is to the employee
- If the employee is compensated for working outside normal work hours
- The employee's role and level of responsibility
- The employee's personal circumstances, including family and caregiving responsibilities
Could it work in New Zealand?
Auckland skyline with harbour bridge visible (file image). (Source: istock.com)
The idea of implementing a similar law in New Zealand has sparked debate.
While the benefits are clear, the Employers and Manufacturers Union argues that the practical challenges are significant.
EMA head of advocacy and strategy, Alan McDonald, believes such a law would be redundant and "meaningless" in Aotearoa.
"There are already plenty of protections in the law to cover behaviour like sending emails at 3am or making multiple calls and texts — that's workplace bullying and harassment," McDonald said.
"It sounds like a good idea but in practice, it’s very hard to police, implement, and track."
New laws to allow Aus workers to ignore calls outside work hours
Management professor Jarrod Haar spoke to Breakfast about whether New Zealand should introduce something similar.
New Zealand
Mon, Feb 12
5:17
Australian right to disconnect from work laws come into effect
From Monday, Australians can refuse to monitor, read or respond to work communication outside of paid hours.
World
Sun, Aug 25
Aussies get right to disconnect from work - why don't Kiwis have the same?
The right to disconnect from work – and employer surveillance – is growing globally. Why is NZ lagging?
New Zealand
Mon, Aug 26
The EMA said the law, first introduced in France in 2017, faced many challenges and was largely ignored by businesses, which defined their own terms of what was "reasonable" and what was not.
While Australia’s new law has been praised for its potential to combat burnout and improve work-life balance, McDonald maintained its success depends on how well it can be enforced and whether it truly benefits employees in practice.
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