On February 11, 2024, the Insiders program had a curious discussion on the Right-To-Disconnect. Different generational perspectives, industry perspectives, and a curious denial were present.
Last week, the Australian Parliament passed workplace relations legislation that included a Right-To-Disconnect.
Insiders’ host, David Speers, asked Jacob Greber of the Australian Financial Review to explain the probable workplace changes (it was a poor summary):
The Australian Greens announced on February 7, 2024, that the Right-To-Disconnect (RTD) bill would pass Parliament as part of workplace relations reforms. On February 8, 2024, the mainstream media wrote as if the laws had already been passed. However, several issues with these laws indicate they are unlikely to be applied in practice as widely as advocates claim and in the way anticipated.
The closer the RTD laws come to reality, the more useless they appear.
This week, the Australian Parliament debates further workplace relations legislative system changes. These will have occupational health and safety (OHS) impacts, usually indirectly; however, one clear OHS element in the proposed legislation is the Right-to-Disconnect.
This change has been a long time coming and has clear and proven mental health and social benefits for workers, but you won’t hear much of the OHS justification in the media. Most of the business opposition has been alarmist noise claiming the world will end. According to the Australian Financial Review (AFR) editorial on February 1 2024. Workplace Relations Minister Tony Burke:
Many workers have a working week that includes more hours than they were contracted for. This is often described as “unpaid overtime”, which is a misnomer as “overtime” traditionally involves being paid a higher rate of income to compensate for making one available beyond or “over” regular business hours. Unpaid overtime can also be considered employer- and employee-endorsed exploitation and lead to industrial disputes, as junior doctors recently showed in Victoria.
Since 2006, the West Australian government has had a Code of Practice for Working Hours, with supporting documents such as risk management guidelines. This level of prescription could be applicable in supporting and clarifying newly-emphasised occupational health and safety (OHS) duties for psychosocially healthy work.
Long working hours have been identified as a major contributor to poor workplace mental health. International benchmarks have been identified as tipping points for mental health. A local Australian initiative to highlight the risks associated with overwork is Go Home on Time Day, which The Australia Institute supports.
Fewer companies than when the day started in 2009 seem to be supporting and promoting the day in their wellbeing calendars. Perhaps because the day identifies the shameful fact that employers will not stop workers from working long hours “if the workers choose to” even though the evidence is that the practice is harmful.
Its working hours calculator is a major part of the Go Home on Time Day initiative.
The working-from-home (WFH) debate continues in business newspapers with tension about what the employer and worker want. The Australian Financial Review (AFR) has its regular voices from business groups saying that it is damaging productivity for workers to be away from the offices as much as they are, but also reporting the lived experience of working from home with workers identifying positive social and familial benefits.
On November 25, 2023, the newspaper confirmed that Amazon Australia is using career progression as a nudge for workers to come to the offices more frequently.
In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as
“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”
The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.
It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.
