Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2022 - 2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Fair Work Amendment (Right to Disconnect) Bill 2023
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Adam Bandt MP
Fair Work Amendment (Right to Disconnect) Bill 2023
OUTLINE
This Bill amends the Fair Work Act 2009 to prevent employers from contacting employees
outside work hours and ensure employees are not required to monitor, read or respond to
email, telephone calls or any other kinds of communication from an employer outside their
working hours. This is achieved by adding the right to disconnect outside of working hours
to the National Employment Standards.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
This clause provides for the Act to be cited as the Fair Work Amendment (Right to Disconnect) Act
2023.
Clause 2: Commencement
This clause provides for the whole of this Act to commence the day after it receives Royal Assent.
Clause 3: Schedules
Schedule 1 - Amendments to the Fair Work Act 2009
Item 1: After Paragraph 61(2)(a)
Lists 'the right to disconnect outside of working hours' as a National Employment Standard.
National Employment Standards are minimum standards that apply to the employment of
employees.
Item 2: After Division 3 of Part 2-2
Inserts:
Division 3A - Right to disconnect outside working hours
64A Right to Disconnect outside of work hours
The effect of the new clause is to include the right to disconnect in the National Employment
Standards. The new clause states that an employer must not contact an employee outside of the
employee's hours of work unless the reason for the contact is an emergency or genuine welfare
matter; or the employee is in receipt of an availability allowance for the period during which the
contact is made.
The new clause lists activities that an employee is not required to do outside their hours of work,
unless they are in receipt of an availability allowance for the relevant period. These activities are
monitoring, reading or responding to emails, telephone calls or any other kind of communication
from an employer.
Availability allowance is explained as an allowance for being rostered, or otherwise directed by an
employer, to remain available to perform work during the period.
Item 3: In the appropriate position in Schedule 1
Inserts:
Part 15 - Amendments made by the Fair Work Amendment (Right to Disconnect) Bill 2023
Defines amending Act as the Fair Work Amendment (Right to Disconnect) Act 2023 and
commencement as the commencement of this part.
Clarifies that amendments made by items 1 and 2 of Schedule 1 to the amending Act apply on or
after commencement.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Fair Work Amendment (Right to Disconnect) Bill 2023
This bill is compatible with the human rights and freedoms recognised or declared in the international
instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the bill
This Bill amends the Fair Work Act 2009 to prevent employers from contacting employees outside
work hours and ensure employees are not required to monitor, read or respond to email, telephone
calls or any other kinds of communication from an employer outside their working hours. This is
achieved by adding the right to disconnect outside of working hours to the National Employment
Standards.
Human rights implications
This bill engages the right to a reasonable limitation of working hours in Article 7 of the International
Covenant on Economic, Social and Cultural Rights.
Adam Bandt MP