Common use of Right to Disconnect Clause in Contracts

Right to Disconnect. 49.1 This clause provides for the exercise of an Employee’s right to disconnect under section 333M of the FW Act. 49.2 Unless it is unreasonable to do so, an Employee may refuse to monitor, read or respond to emails, messages or phone calls outside of their ordinary hours of work unless the Employee is directed by the Employer to perform overtime. 49.3 Without limiting the matters that may be taken into account in determining whether a refusal is unreasonable, the following must be taken into account: (a) the reason for the contact or attempted contact; (b) how the contact or attempted contact is made and the level of disruption the contact or attempted contact causes the Employee; (c) the nature and seniority of the Employee’s role and the Employee’s level of responsibility; and (d) the Employee’s personal circumstances (including family or caring responsibilities). 49.4 There may be occasions when it is reasonable for the Employer to contact an Employee outside of the working hours, including but not limited to: (a) ascertaining availability for rosters; (b) requests to fill in at short notice for unplanned absences of other Employees; (c) for genuine Employee welfare matters, or in an emergency; and/or (d) where business and operational reasons require contact outside of working hours. 49.5 For the avoidance of doubt, an Employee may not be required to respond to contact by the Employer under clause 49.4 provided the refusal to respond is reasonable having regard to the matters in clause 49.3. 49.6 The provisions of the FW Act will apply to: (a) the exercise of the right to disconnect by an Employee; (b) the matters that must be taken into account in determining whether a refusal is unreasonable; (c) any contact or attempted contact by an Employer outside of working hours; and (d) the resolution of disputes about whether a refusal is unreasonable.