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Yesterday, the Right to Disconnect began for small business employees. One year on from its introduction for workers in larger businesses, however, the persistence of an ‘always-on’ culture risks fueling employee burnout.
One year ago, the Closing Loopholes Act came into effect, including the heralded Right to Disconnect provision, beginning a new era for employers and employees across the Australian workplace.
The introduction of RTD into modern awards has offered various benefits and has been shown to lift productivity. Interestingly, however, the laws have not resulted in any test cases or disputes being brought before the Fair Work Commission. As a result, FWC is now seeking guidance on how best to proceed.
Workers’ comfort with exercising RTD
According to new data from HR platform HiBob, there is a notable gap between the intent of RTD laws and the reality in Australian workplaces.
In a survey of 2,000 Australian adult workers, conducted in June by Pollfish, HiBob found that while over one in two (54 per cent) of employees are aware of RTD laws, less than one in three (30 per cent) feel comfortable about using it.
This suggests the law has not been enough to shift Australia's persistent ‘always-on’ work culture, which continues to fuel employee burnout. This is reinforced by the fact that 32 per cent of employees still frequently receive work-related communications outside of hours, and one in five (20 per cent) feel pressured to respond.
The failure to embed RTD into workplace culture comes as Australian businesses navigate a challenging macroeconomic environment, defined by low productivity and a competitive labour market, HiBob noted.
“The data suggests a lack of clear policies — with only 40 per cent of employees reporting their employer has communicated one — is a key driver of employee burnout, a significant factor in voluntary turnover and reduced engagement,” the provider said.
Speaking about the findings, HiBob head of people and culture in Asia Pacific and Japan, Anna Volkova (pictured), said: “The right to disconnect legislation is failing to achieve its purpose because it's not supported by strong company culture and clear policies.”
“While the law sets the expectation, the real work lies with employers to formalise policies, lead by example, and empower their people. This is especially true for managers, who are often at the frontline of this issue, but lack the training to navigate it effectively,” she said.
“Failing to address this key link will only fuel burnout and disengagement, jeopardising their most valuable asset: a healthy and productive workforce.”
Introduction of RTD for small businesses
The findings come as RTD provisions, as well as the ‘employee choice pathway’ from casual to permanent employment, both begin for small business employees, as of yesterday (26 August).
Fair Work Ombudsman Anna Booth said that small business employers and employees should talk to each other about out-of-hours contact and set expectations suited to their specific workplace and the employee’s role.
“We hope that people working in larger businesses have already had conversations about out-of-hours contact and set expectations in the context of their workplace and the employee’s role; now it’s time for small business employers and employees to have that conversation,” she said.
“It’s important to remember the right to disconnect does not prohibit employers from contacting their employees, nor does it prevent employees from contacting one another, including across time zones. We encourage workplace participants to educate themselves on the right to disconnect and adopt a commonsense approach.”
“Like most employment matters, any dispute should first be discussed and sought to be resolved at the workplace level. Workers can be represented by a union if they are a member, and they want to be represented,” Booth continued.
“If that resolution does not occur, the Fair Work Commission — not to be confused with the Fair Work Ombudsman — can deal with disputes regarding the right to disconnect.”
Jerome Doraisamy is the managing editor of Momentum Media’s professional services suite, encompassing Lawyers Weekly, HR Leader, Accountants Daily, and Accounting Times. He has worked as a journalist and podcast host at Momentum Media since February 2018. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
