Countdown for APS guidance on right to disconnect as draft law released

The Australian Public Service Commission is preparing guidance for government agencies on how to implement the new right for public servants, after the Fair Work Commission published its draft of the new workplace right yesterday.

Public servants have been waiting to see how the right will apply to them, after the legislation to enact the right passed Parliament in February.

The law will allow some staffers to ignore phone calls and emails outside of work hours, unless that refusal is unreasonable.

The Federal Court has clarified what that might mean, outlining that contact such as emergency roster changes and a recall to work would be reasonable.

In addition, if an employee receives a stand-by allowance, they may be required to monitor contact from their employer.

This would mean that political staffers who receive a $35,000 personal allowance would not be able to switch off from calls or texts from the MP or Senator who employs them.

The issue was the subject of a fiery Senate estimates hearing in February, where Liberal Senator Jane Hume pressed Labor ACT Senator Katy Gallagher about how this would apply in politicians' offices.

This followed Monique Ryan's staffer, Sally Rugg, taking the Kooyong independent MP to the Fair Work Commission for requiring her to work unreasonable hours.

The case was later settled for a reported $100,000 and no admission of fault from Ms Ryan or the federal government.

In the landmark Set the Standard report, Sex Discrimination Commissioner Kate Jenkins found that long and irregular hours of work was a factor that exacerbated the aggressiveness of the workplace.

But for the wider public sector, the implications are still unclear.

The Canberra Times confirmed heads of departments are yet to be provided with advice on APS employees right to disconnect.

The Times understands this would include best practice advice and guiding principles to agencies and managers on supporting employees to disconnect from work.

No guidelines have been published yet.

The Fair Work Commission will also publish its own guidelines, however in a statement President of the Fair Work Commission Justice Adam Hatcher said these would come after the law comes into effect.

The right will come into force from August 26, 2024 and August 26, 2025 for small businesses.

After August 26, if a dispute arises between employees and employers about being able to switch off, the parties must first attempt to solve the issue between themselves, before applying for the dispute to be dealt with by the Fair Work Commission.