The Australian recruitment industry is buzzing with talk about the new “Right to Disconnect” reform. While many of us have seen the headlines and skimmed through the articles, there’s still a lot of uncertainty about what it really means for businesses. In this post, we’ll dive deep into the reform, how it impacts the recruitment industry, and what steps you should be taking to stay compliant and keep your employees happy.


What Is the Right to Disconnect?

The Right to Disconnect reform, introduced by the Fair Work Ombudsman, is part of the latest amendments to the Fair Work Act. This controversial legislation, passed with little consultation from businesses, grants employees the right to refuse work-related contact outside of their standard working hours. This includes emails, phone calls, texts, and even social media messages.

As of just a few days ago, this right has been enshrined in all modern awards, making it a hot topic for recruiters and employers alike. Essentially, if an employee is contacted outside of their designated work hours, they have the right to ignore that communication—provided it’s reasonable to do so.

Why Was This Reform Introduced?

There’s been ongoing discussion about what constitutes reasonable working hours, especially as the lines between work and personal life have become increasingly blurred. The Right to Disconnect is a response to growing concerns about work-life balance and the expectation that employees are always on call.

For the recruitment industry, where after-hours communication with clients, candidates, and even colleagues is often the norm, this reform presents a unique challenge. The key question is: what’s considered “reasonable” contact?

Understanding “Reasonable” Contact

Reasonableness is a crucial aspect of this reform. The Fair Work Commission will consider several factors when determining whether an employee’s refusal to engage in after-hours communication is justified. These factors include:

• The reason for the contact: Was it urgent? Could it have waited until the next working day?
• The method of contact: Was it a phone call (more intrusive) or an email (less intrusive)?
• Disruption to the employee’s life: How much did the contact interfere with the employee’s personal time?
• Compensation: Is the employee compensated for being available outside of regular hours?

These considerations are especially relevant for recruiters who often work across time zones or handle urgent client requests. If an employee feels the contact was unreasonable, they could raise the issue, similar to lodging a complaint about workplace bullying.

What Can Employers Do?

To navigate this new landscape, employers need to be proactive. Here are some steps to consider:

1. Review Employment Contracts: Ensure that contracts clearly define working hours and expectations for after-hours availability. If your employees are expected to be on call or work outside regular hours, this should be explicitly stated.
2. Set Clear Policies: Implement an out-of-hours contact policy. This can help manage expectations and reduce friction between employees and employers. The policy should outline preferred communication channels, compensation for out-of-hours work, and how employees should handle after-hours requests.
3. Communicate Openly: Regularly discuss with your staff what the expectations are regarding after-hours contact. For instance, some employees may prefer to receive urgent communications via text message rather than a phone call, while others might want to limit all work-related contact to emails during non-working hours.
4. Reassess Remuneration: If your employees are expected to work beyond their normal hours, ensure their compensation reflects this. For instance, if they’re eligible for commission, clarify whether this is intended to cover any additional hours worked.
5. Consider Reissuing Contracts: Given the significant changes in employment law over recent years, it may be wise to reissue employment contracts that incorporate these new expectations and rights.

Sector-Specific Challenges

The recruitment industry is particularly vulnerable to these new regulations. Recruiters often find themselves working odd hours, whether responding to candidate inquiries late at night or finalising client arrangements over the weekend. The pressure to be always available, driven by the potential for commission, adds another layer of complexity.

Employers in the recruitment industry need to be especially vigilant. Ensuring that employees are not overworked and that their rights are respected under the new laws is crucial, not just for compliance but for maintaining a healthy and motivated workforce.

Changing the Game?

The Right to Disconnect is a game-changer for the Australian workforce, especially for industries like recruitment, where the boundaries between work and personal life are often blurred. By taking proactive steps to align your business practices with this new reform, you can avoid potential legal pitfalls and foster a more balanced and productive work environment for your team.

Stay informed, stay compliant, and most importantly, stay connected—but only during working hours!