House debates

Monday, 20 March 2023

Bills

Fair Work Amendment (Right to Disconnect) Bill 2023; Second Reading

10:03 am

Photo of Adam BandtAdam Bandt (Melbourne, Australian Greens) Share this | | Hansard source

I move:

That this bill be now read a second time.

For too long, the boundaries between work and life have been blurred, continuous connection to work has been normalised and the pressure to be available at all hours of the day and night has been building for working people across the country.

With the proliferation of smartphones and advances in technology, work emails are only a notification away and a phone call from your boss can interrupt a night out with friends or family. Workers are often expected to be on call 24/7 to answer emails, take calls and be available to their employers at a moment's notice.

The Senate work and care committee described this phenomenon as 'availability creep'. I want to take this opportunity to thank my colleague Greens Senator Barbara Pocock for her invaluable work on the work and care committee inquiry, the first ever of its kind in the country. As chair of the committee, her leadership resulted in a landmark report supported by the Greens, the government and the coalition.

The committee learned there are many causes of availability creep. Insecure work and rostering practices can result in workers being expected to remain available and on call to secure work. Advances in technology have been exacerbated by the pandemic and it is now common for work to be completed outside of the workplace and outside of work hours. Long hours and large workloads mean some people are expected to work outside their normal hours just to complete their workload.

The committee found examples of a formal right to disconnect in Australia and across the world. France first implemented legislation on the right to disconnect in early 2017, where employers were required to negotiate an agreement with unions for a right to disconnect from technology after working hours. Similar policies have been adopted in Belgium, Ireland, Italy, Portugal and Spain. In Australia, the most recent Victorian police enterprise bargaining agreement contains a right-to-disconnect clause.

Availability creep impacts mental health, exacerbates work-life stress, productivity and takes workers further away from the principle of a fair day's work for a fair day's pay. It is important to recognise the additional negative impacts availability creep has on working carers. The committee's final report stated that availability creep:

… is especially burdensome for working carers who already juggle competing demands on their time. Being expected to work outside core or rostered hours interrupts their availability to provide informal care and reduces their already limited opportunities to participate in other activities such as study, leisure or rest.

One of the key recommendations from the work and care report was that the government consider amending the Fair Work Act 2009 to include an enforceable right to disconnect under the National Employment Standards.

This bill reflects that recommendation and amends the Fair Work Act 2009to prevent employers from contacting employees outside work hours, and ensures employees are not required to monitor, read or respond to emails, telephone calls or any other kinds of communication from an employer outside their working hours. An exception applies in circumstances where it is an emergency or genuine welfare matter, or the employee is in receipt of an availability allowance for the period in which the contact is made. There is a simple principle underlying this bill: when you clock off, you should have the right to log off. You shouldn't have to answer phone calls, emails or texts from your employer outside of working hours unless you're getting paid for it.

I urge the government to support this bill. The right to disconnect is about giving workers the freedom to switch off and focus on their personal lives outside of work. It is about recognising that work should not consume every aspect of our lives and working people should have the ability to recharge and reconnect with their families, friends and communities.

This bill is not about limiting the ability of employers to communicate with their employees or to get work done. It will promote a healthier work culture that empowers working people to screen their bosses' calls when they're off the clock. Our workplace laws were not drafted at a time when everyone had a smartphone in their pocket and was only a phone call, text message or email away from their work. They were drafted at a time before the pandemic, when working via technology became the norm for many people and much more normal for everyone else. This bill will give people the right to log off when they clock off and to say, unless you're getting paid for it, your time is your own, and your employer does not have the right to contact you by text, email or phone when you're enjoying your leisure.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Is the motion seconded?

Photo of Elizabeth Watson-BrownElizabeth Watson-Brown (Ryan, Australian Greens) Share this | | Hansard source

I second the motion and reserve my right to speak.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The time allotted for this debate has now concluded. The debate is adjourned and the resumption of the debate will be made an order of the day for the next sitting.