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Union win: We now have the right to disconnect!

New ‘right to disconnect’ laws have come into effect across Australia on 26 August. This means we have the right to refuse contact from our employer outside working hours – including calls and emails – unless that refusal is unreasonable.   

It’s a weight off the shoulders for many Australian workers who currently perform an average of 5.4 hours a week of unpaid overtime, with almost 90% reporting contact by their employer outside of work hours (as reported by 9 News).  

 

Time to ‘switch off’ after work  

Our members have told us that the right to disconnect is a vital issue for our industry. The modern working environment has drastically changed, and technology and digital tools have extended the working day far beyond when workers are paid for their time.  

FSU members Steve Howland and Jane (not her real name) spoke out about their experiences with overwork and unreasonable work requests in the finance industry, and how they feel the right to disconnect laws will benefit workers.  

Jane told 9 News she was in labour when she received a call from work, and despite being on parental leave and about to give birth, she felt pressured to answer. 

“Every time you hear that ping, it gives you anxiety,” she said.  

She believes these new protections couldn’t have come sooner, especially for vulnerable workers who are sometimes at the mercy of their workplaces.  

Read Jane’s story here.   

Steve echoed Jane’s comments, and said the new laws would force finance industry employers to reconsider whether workplaces are adequately staffed.  

“I’m a health and safety representative so I talk to a lot of people across our industry and it’s clear that unreasonable work hours and work demands have just grown and grown,” Steve said.  

“It’s stressful – I hear stories about people working crazy hours and not getting enough sleep, but they can’t say no to work because they fear for their jobs.  

“What’s been happening is excessive and it’s affecting relationships and families.”  

Watch Steve on 9 News here.  

 

A critical step – but is it enough?  

Not only does the right to disconnect give us the ability to truly disconnect from work, importantly it also helps shift employer behaviour.  

It’s become all too easy for employers to act like workers are constantly available. These laws make it clear to employers that workers are only accessible when they are paid to be working.  

It’s essential to the psychological wellbeing of workers that we get an actual break from work, and not feel like we have to constantly keep an eye on our inbox or respond to calls or messages.  

But while the right to disconnect is a critical step toward this, it isn’t enough on its own to address the rampant issues of overwork in our finance sector.  

We need to see genuine cultural change in the finance industry – starting with adequate staffing and work allocation – to ensure that all workers can complete their work within ordinary working hours.  

Too often we’ve witnessed unpaid work and wage theft take place in the finance sector, where employers have abused the interpretation of clauses like ‘reasonable overtime’ to their benefit and to the detriment of workers.  

The right to disconnect legislation is just one piece of the puzzle toward improving overwork in our sector, but workers should not be made to feel any pressure in asking for and enjoying the right to disconnect.  

 

Other new work rights that have come into force from 26 August:  

 

  • Job security for casual workers – The definition of ‘casual employee’ in the Fair Work Act will be replaced, meaning more roles will be offered as permanent, secure jobs and only those that are genuinely casual will remain so.  
  • Clear definitions for employment – New definitions of ‘employee’ and ‘employer’ in the Fair Work Act will lead to more workers being entitled to pay, rights and protections as ‘employees’. 
  • Minimum standards for gig workers – New minimum standards on pay and conditions will apply to contractors either engaged on a digital labour platform or in the road transport industry.  

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