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Australian workers are set to have the right to disconnect from their workplaces once they clock off for the day.

This will 鈥渆mpower workers to ignore work calls and emails after hours [from their employers], where those demands are unreasonable鈥�,听听who has been driving the change.

Last week, the听听reviewing the 鈥淐losing Loopholes鈥� amendments to the Fair Work Act recommended introducing a right to disconnect to support 鈥渢he development of clear expectations about contact and availability in workplaces鈥�. On Wednesday, the听听indicated it supported the amendment.

Last year,听听drew attention to 鈥渁vailability creep鈥� where employees are increasingly expected to complete work outside of work hours.

Smartphones have made it easier for managers to contact workers any time. The shift to remote working during the COVID pandemic caused the boundaries between work and personal life to听.

According to a 2022 report by the听, 71% of workers surveyed had worked outside their scheduled work hours often due to overwork or pressure from managers.

This led to increased tiredness, stress or anxiety for about one-third of workers surveyed, disrupted relationships and personal lives for more than one-quarter, and lower job motivation and satisfaction for around one-fifth.

听have highlighted the negative consequences of working outside scheduled hours for mental and physical health, productivity and turnover.

Availability creep has led to听听which 鈥渢akes workers away from a fair day鈥檚 work for a fair day鈥檚 pay鈥�.

The impacts are especially acute for certain groups of workers. Those on insecure contracts lack the power to resist availability creep. Those with unpaid care responsibilities are likely to experience intensified work/life balance.

The right to disconnect provides a solution to these challenges. The Senate select committee on work and care found such a right can provide workers with听听by giving more certainty over their working hours.

听in Europe, Asia, North America and South America have already established laws or regulations limiting employers contacting workers outside work hours.

At least听听currently operating in Australia provide a right to disconnect. This includes agreements covering teachers, police officers and various banks and financial institutions.

听the right to disconnect legislation will provide employers with 鈥渞easonable grounds鈥� to contact their employees outside work hours. This might include calling employees to see if they can fill a shift.

If enterprise agreements with existing right to disconnect clauses are an indication, the Fair Work Commission will probably be asked to determine what contact outside of work hours is deemed 鈥渞easonable鈥�. This approach seems sensible given the long tradition of the commission being asked to rule on what鈥檚 鈥渞easonable鈥� in听.

If an employer 鈥渦nreasonably鈥� expects employees to perform unpaid work outside of normal hours the commission may be empowered to impose a 鈥渟top order鈥� 鈥� and potentially fines 鈥� to prevent the employer from contacting employees outside hours听.

Unions including those representing teachers and police officers support a right to disconnect.听

Not only do the police see that trauma, deal with the families鈥� trauma, deal with their colleagues鈥� trauma, have to investigate, have to go to court, and get media attention but they also have to go home and deal with their families [鈥�] The right to disconnect gives those officers that little bit of breathing space.

听also believe there is a strong case for such a right given the negative impacts of availability creep on worker well being.

Employer associations are less supportive. The Australian Chamber of Commerce and Industry (ACCI) told a听听a right to disconnect would be 鈥渁 blunt instrument which will do more harm than good, including for employees鈥�. They claim employers will be less accommodating of employee requests for flexible work arrangements during normal work hours if contact outside these hours is no longer allowed.

According to ACCI chief executive Andrew McKellar, a right to disconnect would be听.

But it must be remembered that workers effectively had the right to disconnect before the smartphone. Such a protection needs to be explicit now technology has eroded the once-firm boundaries between work and home.

As the nature of work and employer practices change, it鈥檚 essential for employment regulations to respond accordingly. Having a right to disconnect to protect workers from employers encroaching upon their free-time is a necessary response.