Imagine that after a long day at work, you’re trying to get your own child to sleep when you get an email from a parent. Should you respond? New legislation may hold the key, writes Sue Osborne.
In a landmark overhaul of workplace laws, the Labor government has introduced reforms granting the ‘right to disconnect’ from unreasonable work-related communications outside of standard working hours.
Passed in February, the move is part of the Albanese government’s broader ‘Closing Loopholes’ legislation aimed at enhancing workers’ rights through the Fair Work Act.
After persistent advocacy by unions and their members for fair pay, job security, and improved working conditions, these changes mark a victory for teachers and support staff. They set a precedent for workers’ rights in Australia.
IEU members have been notably active, engaging with politicians, participating in Senate hearings, and appearing in the media and social media to emphasise the necessity for these reforms in educational settings, including preschools and long day care centres.
Educating parents and yourself
Will your current practices need to be changed because of the introduction of this legislation? Do the teachers and educators at your centre feel compelled to respond to emails or messages that appear on Storypark from parents immediately or is a reply in coming work days acceptable?
“The needs of parents must be balanced against the needs of employees, who often have their own families to care for after hours,” IEUA NSW/ACT Organiser Lisa James says.
“Educating parents about reasonable expectations regarding out-of-hours communication should be a part of the enrolment process,” she says.
“As a director, do you send emails to teachers and educators after hours and expect them to familiarise themselves with policies or other documentation before they arrive at work the next morning?
“If so, it’s time to consider new ways of introducing information so that this can be done during work hours or team meetings.
“Early childhood services should update their relevant communication policies to clarify that teachers and educators are not expected to respond to non-urgent emails and telephone calls after work and on weekends.”
Undue pressure
Union members, in collaboration with the Australian Council of Trade Unions (ACTU), have highlighted the undue pressure of extended work hours and the encroachment of work obligations into personal time.
The federal Labor government has acknowledged these concerns and enacted legislation to address them.
Under the new legislation, if you receive work-related messages or calls from your centre or employer regarding non-urgent matters outside of regular hours, you will be free to respond the next time you attend work. The legislation commences on 26 August 2024 (and a year later for services with fewer than 15 employees). This right also extends beyond your employer to include third-party communications, such as those from parents.
However, the new legislation will also consider whether a refusal is ‘unreasonable’ and includes the urgency of the contact, the level of disruption it causes, whether you are paid to be available, the nature of the employee’s role, and personal circumstances such as family or caregiving responsibilities.
While the practical application of this right will be clarified through future legal interpretations, we anticipate exceptions may apply in urgent health and safety situations or when employees are compensated for their availability.
The right to disconnect is a vital step towards safeguarding staff wellbeing.