Written by Hope Cumming
Posted: 02 Sep 2024
Recently, the new “Right to Disconnect” laws have been introduced in Australia, giving employees the right to refuse to monitor, read, or respond to work-related communications outside of business hours without facing repercussions. These laws protect workers from being penalised for not answering calls, emails, or other forms of contact from employers or third parties after hours, unless the refusal is deemed unreasonable. However, the situation is more complex in the events industry, where working outside of normal business hours is often the norm.
While the law allows employees to ignore work-related communications outside of business hours, there are exceptions where it might be considered reasonable to respond after hours. Unfortunately, these exceptions are often vague and open to interpretation. Several factors need to be considered when determining what constitutes reasonable after-hours contact:
The reason for the contact: Is it urgent or critical to the success of an event?
The method of communication: How disruptive is it to the employee’s personal time?
Compensation: Is the employee being compensated for work done outside normal hours?
Role and responsibility: Does the employee’s position require them to be available after hours
Personal circumstances: Does the employee have family or caregiving responsibilities that might affect their availability?
Also, employees who have a "reasonable additional hours" clause in their contract may find that these new laws might not apply to them. In the events industry, where extra hours are often expected, even if not explicitly stated in their contract, both employers and employees must navigate these rules carefully.
Set Clear Boundaries
It’s important for companies to establish clear expectations and boundaries regarding what constitutes ‘reasonable’ and ‘unreasonable’ communication. This clarity should be communicated not only to employees but also to clients. For example, if an urgent issue arises on a Wednesday before a weekend event, it may be considered reasonable to address it immediately, even outside of regular hours. However, in less clear-cut situations, such as a client emergency that might not actually jeopardise the event if left until morning, companies need to have predefined guidelines to ensure compliance with the new laws, avoid hefty fines and also keep the client happy.
Create a Culture that Prioritises Work-Life Balance
The primary goal of the “Right to Disconnect” laws is to restore work-life balance, which has become increasingly blurred since the COVID-19 pandemic normalised working from home. Employees often feel compelled to respond to after-hours communications if they see their managers doing so or if it’s encouraged by the company culture. Companies that promote a culture of work-life balance and actively support these disconnect laws will make it easier for employees to follow them.
In practice, implementing the “Right to Disconnect” laws in the events industry will be challenging. Many event roles include a clause requiring reasonable extra hours, and what an employee considers reasonable to ignore until the next business day might be seen differently by their manager or client. However, it is vital to find ways to make these laws work within the events industry, as achieving work-life balance is increasingly important to workers. With 60% of Australians experiencing exhaustion and anxiety due to their workloads, reducing “availability creep” - the expectation of constant availability - will be highly beneficial for the industry moving forward.