The Australian Council of Trade Unions (ACTU) is pushing for the inclusion of the right to disconnect in modern awards. 

The union says it would ensure that employees can disconnect from work communications outside of regular hours, enhancing work-life balance and addressing cost-of-living issues.

The ACTU has urged the Fair Work Commission to solidify this right, following threats from the opposition to reverse recent industrial relations changes made by the Labor government. 

The right to disconnect allows workers to ignore unreasonable work-related communications outside of work hours, which advocates argue is crucial for a healthy work-life balance.

ACTU President Michele O’Neil says denying the right deteriorates work-life balance and increases stress and burnout among employees.

Opposition Leader Peter Dutton recently pledged to revert to previous workplace laws. 

The opposition argues that the right to disconnect affects the flexibility of modern work arrangements.

Business groups maintain that employee rights can be negotiated directly with employers and that those needing to be contacted outside of hours are often compensated.

The ACTU's submission to the Fair Work Commission outlines the necessity for employers to ensure proper staffing and planning to avoid out-of-hours contact, asserting that poor organisation should not excuse non-payment for additional work. 

This right, passed by Parliament in February, is set to take effect on August 26, 2024, for larger employers and on August 26, 2025, for small businesses.

The ACTU also argued that the right to disconnect can boost productivity by improving mental health.

“A healthier workplace is a more productive workplace. Establishing a clear separation between work and the rest of our lives is important for improving mental health and enabling all of us to spend quality time with our loved ones,” O’Neil said.