The APSC has published new guidance for Commonwealth agencies on the implementation and operation of the right to disconnect in the public sector. The guidance provides: 

• an overview of the legislation, including the interaction between the right to disconnect and the general protections regime in the Fair Work Act 
• guiding principles for agencies and managers on applying the right to disconnect in the workplace 
• practical steps that agencies can take in response to the new legislation, including identifying risk-factors and developing agency-specific policies, and 
• a number of detailed illustrative examples to assist managers and employees to understand the operation of the right to disconnect in practice. 

Overview of the right to disconnect

• The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduced a new right to disconnect into Part 2-9 of the Fair Work Act. Given the right to disconnect is enshrined in legislation, it will apply regardless of whether an agency has specific provisions on the right to disconnect in its enterprise agreement or other collective instrument.
• The legislation grants all national system employees (which includes employees of Commonwealth agencies) an enforceable workplace right to refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of their working hours, unless such refusal is unreasonable.
• The right to disconnect also enables an employee to refuse to monitor, read or respond to work-related contact, or attempted contact, from a third party outside of their working hours, unless such refusal is unreasonable. A third party may include colleagues, clients, external stakeholders, members of the public, or employees in other agencies.
• Importantly, the right to disconnect does not prohibit a manager or third party from contacting or attempting to contact an employee outside of their working hours, but a manager can only expect an employee to monitor, read or respond to out of hours contact when it is reasonable to do so.

Agencies should consider the guidance and take steps to prepare for the commencement of right to disconnect. This will ensure they are equipped to support managers and employees and prevent potential disputes.