The Right to Disconnect. The parties agree that the use of digital tools to manage work organisation can lead to the risk of being contacted too frequently. Management will respect employees’ work patterns, ensuring that meetings and all contact occur within working hours. Employees must not be contacted via email or other work communication tools during breaks, weekends or during leave. Employees are under no obligation to respond during these periods and they will not be penalised for this. Line management will ensure that this right is respected by setting a positive example.
The Right to Disconnect. (a) An Employee has the right to connect or disconnect from work outside of their normal working hours or during period of approved absence.
(b) Unless it is unreasonable to do so, an Employee may refuse to monitor, read or respond to contact outside their working hours, or attempted contact from:
i. The Employer.
ii. A third party.
(c) The employer must not directly or indirectly prevent an employee from exercising their right to disconnect under this clause.
(d) For the avoidance of doubt, the above clause 36.2(b) does not prevent the Employer from requiring an Employee to monitor, read or respond to contact, or attempted contact, from the Employer outside the Employee’s working hours where:
i. The Employee is being paid the applicable overtime rate under clause 24 of this Agreement
ii. The Employer’s contact is to notify the Employee they are required to attend or perform work or give other notice about the overtime.
iii. The Employer’s contact is to notify the employee of the requirement to work overtime under clause 24 of this Agreement.
iv. An Employee is required to perform reasonable additional hours or overtime in accordance with the terms of this Agreement.
(e) Reasonableness for an Employee’s refusal under this clause will depend on an assessment of a range of matters, including, but not limited to, the following:
i. How the contact or attempted contact is made and the level of disruption the contact or attempted contact causes the Employee.
ii. The extent to which the Employee is compensated: o for working additional hours outside of the Employee's ordinary hours of work. o To remain available to perform work during the period in which contact or attempted contact is made.
iii. The nature of the Employee's role and level of responsibility.
iv. The Employee's personal circumstances (including family or caring responsibilities).
(f) Any disputes related to clause 36.2 will be dealt with in accordance with clause 37 of this Agreement.
The Right to Disconnect. An employee’s time outside working hours is meant for employees to recharge and spend time as they wish and should not be used to complete work-related tasks; however, there may be a lack of separation between home and work that makes it difficult for employees to truly disconnect. Employees have the right to disconnect from their job and any work- related tasks or communication outside of working hours without fear of reprisal. Employees must also be respectful of others’ right to disconnect and should not expect their co-workers to respond, communicate, or complete work when not working.
The Right to Disconnect.
38.1 An Employee has the right to disconnect from work-related communication outside of the Employee's hours of work. For the avoidance of doubt, this clause applies irrespectively of the place (whether it be a premise provided by the Employer, the Employee’s home, or some other place) at which the Employee is performing work.
38.2 For the purposes of this clause:
a) the Employee’s hours of work the Employees’ rostered hours or span of ordinary hours;
b) work-related communication includes phone calls, emails, text messages, apps or any other digital means of conveying information electronically.
38.3 An Employer shall not require an Employee to access or respond to any work-related communication outside of the Employee's hours of work.
38.4 Other than in genuine emergency situations, Employees must not be contacted outside of the Employee's hours of work.
38.5 It is a breach of this clause for an Employee to be reprimanded, prejudiced, subjected to disciplinary action or otherwise disadvantaged if they do not read or respond to a work-related communication sent outside of the Employee’s hours of work.
a) The process for an annual review of the arrangement.
b) Any other relevant matter.
