REFUSALS MUST BE REASONABLE
To cater for emergencies and jobs with irregular hours, the rule still allows employers to contact their workers, who can only refuse to respond where it is reasonable to do so.
Determining whether a refusal is reasonable will be up to Australia’s industrial umpire, the Fair Work Commission (FWC), which must take into account an employee’s role, personal circumstances and how and why the contact was made.
It has the power to issue a cease and desist order and, failing that, levy fines of up A$19,000 for an employee or up to A$94,000 for a company.
But the Australian Industry Group, an employer group, says ambiguity about how the rule applies will create confusion for bosses and workers. Jobs will become less flexible and in doing so slow the economy, it added.
“The laws came literally and figuratively out of left field, were introduced with minimal consultation about their practical effect and have left little time for employers to prepare,” the group said on Thursday.
The president of the Australian Council of Trade Unions Michele O’Neil said the caveat built into the law meant it won’t interfere with reasonable requests. Instead, it will stop workers paying the price for poor planning by management, she said.
She cited an unidentified worker who finished a shift at midnight, only to be texted four hours later and told to be back at work by 6am.
“It’s so easy to make contact, common sense doesn’t get applied anymore,” she said.
“We think this will cause bosses to pause and think about whether they really need to send that text or that email.”
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