The short answer is that no one knows. We are on to it; I have discussed it before here and recently had several conversations with people about Australia's new 'right to disconnect' law. It's a hot topic, alright. 

Firstly, I am not a lawyer. This is not legal advice.

Right to disconnect Australia.

The right to disconnect gives employees the legal right to ignore work-related communications outside of their working hours unless it's deemed reasonable to respond. This includes, for example, your communication to them and any customer communication to your employees. It's part of the Fair Work Act amendments and aims to promote better work-life balance. I found a readable explanation by a lawyer here.

When Does It Start?

It's in effect for most businesses now, but organisations with fewer than fifteen (15) employees have until 26 August 2025 to comply. This means most of my clients have a year to digest it.

What Does 'Reasonable' Mean?

Here's the tricky bit - the law doesn't define what's reasonable. It's unclear if it's okay to send and, if so, what you can send; the main focus of the act is that the employee does not need to answer. Now, the courts must interpret this case-by-case until we get clarity.

My first question is, how does an employee know it's reasonable to respond till they read it? So do they have to read it, or is the onus on the employer to make sure it is reasonable before sending it? If so, based on my research and conversations and readings, here are some situations that might be considered reasonable to send:

1. Emergencies (e.g., critical system failures)
2. Pre-agreed on-call arrangements
3. Safety issues
4. Legal or regulatory requirements
5. If you are overseas at a different timezone 

Impact on Retailers Using POS Systems

One concern I've noticed is how this law might affect rostering systems in POS software. Imagine this scenario:

You're working on rosters after hours and must inform an employee not to come in tomorrow. You send an email, but they don't respond. You call, but they don't answer, citing the right to disconnect. The next day, they show up for work unnecessarily.

This situation highlights the need for clear communication protocols and expectations.

I would be careful about working on the rostering system after hours. If this proves to be a problem, we are considering adding a holding facility to stop SMS and emails from being sent to selected people after hours. When we get answers, we can move. If you think we should add any changes, please let me know.

Note that SMS and most popular email services like Gmail can schedule their services; you may want to look into that so your communication goes out during business hours. Even if sending this stuff is okay, you do not want to be the test case to prove it.

After-hours communication policy

You need one. The right to disconnect is here to stay, and despite some talk by other politicians, it isn't very likely that you should go. At best, it might be amended. 

The Australian government passed a new workplace law for the right to disconnect. This means employees can ignore calls, emails, and messages from their employer outside of work hours without fear of punishment. This is a significant change that all retailers need to understand.

How the Right to Disconnect Works

While details remain to be determined, the law means staff can't be penalized for reasonably not responding to calls, emails, etc. during off hours like nights, weekends, and PTO.

What does it reasonably mean? No one knows yet still.  

Key points:

• Employers cannot fine or discipline employees for not responding after hours
• Employees can seek orders from the Fair Work Commission to prevent punishment
• Employers could be fined for breaching these orders

Although I doubt it will help us, most of us are surprised as this proposed law is much less strict for employers than passed in some European countries.

Why This Matters for Retailers

For retailers that operate physical stores with set opening hours, the immediate problem may be that the right to disconnect will have enormous implications for scheduling staff and communicating about shifts.

Retailers will need:

• More carefully plan schedules in advance
• Possibly limit last-minute schedule changes
• Outline exceptions for emergency contacts

Exactly how it would work, of course, remains to be seen as what parliament said, what the courts say, etc; remains to be seen.

What retailers need to know

Hopefully, the retail industry groups can get feedback on what retailers need to know.

• Definitions around what is "reasonable."
• Clarify how far in advance schedule changes will be communicated
• What constitutes an emergency exception?
• What happens when a shift swap occurs?

Rostering With the Right to Disconnect

Our rostering software needs to be amended, but we are unsure exactly how. When the details come up, I can tell you more. If you have any ideas or requirements, please let me know.

With some forethought and policy updates, retailers must know how to comply with the new right-to-disconnect laws.