b"CLOSING LOOPHOLESRIGHT TO DISCONNECTCONTINUED What is reasonable?: What happens in the case of a dispute?: Without limiting the matters a business will need to1.There needs to be an attempt to resolve at thetake into account, the Act lists these factors that must workplace level be considered in determining whether an employee's 2.If the matter is not resolved, the employer orrefusal to be contacted is unreasonable:employee can apply to the FWCthe reason for the contact or attempted contact;3.The FWC may make an order to stop refusinghow the contact or attempted contact is made and contact, to stop taking certain actions, or tothe level of disruption it causes the employee;otherwise deal with the dispute. the extent to which the employee is compensated 4.The FWC can only impose penalties if an order(including non-monetary compensation) to remain is breached. available to perform work or be contacted, or for The right to disconnect will also be a workplaceworking additional hours, outside of ordinary right for the purposes of the general protectionworking hours;regime under the Fair Work Actgiving employeesthe nature of the employees role andlevel of an additional claim if, for example, they areresponsibility; andallegedly disadvantaged or disciplined forthe employees personal circumstances (including reasonably refusing to monitor, read or respond tofamily or caring responsibilities).contact. Interesting Case:A case before the FWC is currently testing the Right to Disconnect provisions under S.333M - Martin v Cairns RudolfSteiner School [2025]Practical Tips for Employers: At a practical level, complete removal of contact out of hours is not possible. There are times an employee will needto ring a supervisor to say they are sick, times the employer needs to text an employee to let them know that they arestarting work at a different site that morning, and times the employer needs to ask an employee if they would like topick up an additional shift. The impact of this legislation should not be a restriction on good communication practicesbetween employees and employers. What employers can do to nd the right balance: 1) Review Position Descriptions clarify what reasonable expectations are in relation to contact with the position outside of work hours (tailored to the role and level of responsibility) 2) Review Contracts of Employmentensure there is clarity on expectations and, where relevant, a specic allocation of remuneration value if there are requirements to be on stand-by/on-call or other expectations on connection outside of work hours. 3) Create a culture of disconnecting Train managers and employees on how to disconnect effectively. Look at the businesss systems and practices for ways to reduce inadvertent or unnecessary contact.Consider apps or system access that consciously or subconsciously prevent disconnecting. Implement cross skilling in key roles to reduce reliance on an individual which might increase thelikelihood of needing to contact them out of hours. Page | 6IR Update July 2025"