Fair Work Amendment (Right to Disconnect) Bill 2023 [No. 2]

High-Level Summary
The Fair Work Amendment (Right to Disconnect) Bill 2023 proposes to amend the Fair Work Act 2009 by adding a right to disconnect outside of working hours to the National Employment Standards. This would prevent employers from contacting employees outside work hours unless in emergencies or if the employee receives an availability allowance.

Summary
The bill introduces amendments to the Fair Work Act 2009 to include the 'right to disconnect' as part of the National Employment Standards. Specifically, it adds a new clause 64A, which stipulates that employers must not contact employees outside their working hours except in cases of emergency or genuine welfare matters, or if the employee is receiving an availability allowance during the period of contact. This right is intended to ensure employees are not required to monitor, read, or respond to communications from their employer outside of their designated work hours, unless they are compensated with an availability allowance. This is outlined in the new Division 3A added to Part 2-2 of the Fair Work Act.

Argument For
Normative Bases
  1. Egalitarianism
  2. Non-Discrimination
  3. Pro-Democracy

The bill should be supported because it promotes work-life balance by ensuring employees have the right to disconnect from work communications outside their contracted hours. This aligns with egalitarian principles by providing all employees with equal protection against potential overreach by employers. Furthermore, by setting clear boundaries for communication, the bill helps to create a fairer work environment where employees are not discriminated against based on their availability outside work hours. It also supports democratic ideals by empowering workers to have control over their personal time, thus fostering a healthier and more engaged workforce [Judgment].


Argument Against
Normative Bases
  1. Propertarianism
  2. Utilitarian Ground Truth

The bill should be opposed because it may impose undue restrictions on businesses, potentially affecting their operational flexibility. Employers may argue that the ability to contact employees outside of standard hours is sometimes necessary to maintain competitiveness and efficiency, particularly in industries where urgent issues may arise. From a propertarian perspective, it could be seen as an unnecessary interference with business operations and the rights of employers to manage their workforce. Additionally, in utilitarian terms, the potential economic impact on businesses could outweigh the benefits to employees, as it might hinder timely decision-making processes and responses to critical situations [Judgment].


Date:

2023-03-27

Status:

Before Senate

Sponsor:

POCOCK, Sen Barbara

Portfolio:

Unspecified

Categories:

Labour, Social Support / Welfare, Discrimination / Human Rights

Timeline:
27/03/2023

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