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How can agencies enforce the right to disconnect?

By Orana Durney-Benson
20 August 2024 | 7 minute read
suhini wijayasinghe people2people recruitment reb dnw6tz

Research has proven that 78 per cent of employees are more likely to work for a business with a clear right to disconnect policy – but how can real estate agencies implement this change?

This week, Australia’s long-awaited right to disconnect legislation will come into effect, giving workers a statutory right to switch off from communications outside their work hours.

For many employees, the change will be warmly welcomed as a vital step towards better work/life balance.

Suhini Wijayasinghe, head of HR solutions at people2people recruitment, stated: “The right to disconnect laws represent a significant step towards a healthier, more balanced work environment.”

“While enforcing the right to disconnect might be challenging for both employers and employees at the start, it is positive news and will benefit employees’ work/life balance and mental health,” she said.

According to a poll conducted by the recruitment company, almost eight in 10 employees (78 per cent) stated they are more likely to work for a company with a clear right to disconnect policy.

However, employers are less positive about the changes, with 62 per cent expressing concern about how to practically enforce the new legislation.

Concerns were also raised about the impacts on worker efficiency, with 15 per cent of employers raising concerns about the impacts on work culture, 12 per cent indicating concern about the impact on productivity, and 11 per cent expressing worry about collaboration.

Wijayasinghe noted that if implemented correctly, the right to disconnect laws have the potential to improve quality of life for employers as well.

Noting that it is essential for management to lead by example, she stated: “By taking proactive steps, both employers and employees can successfully navigate this transition and enjoy the benefits of a more balanced and fulfilling work life.”

For real estate professionals who are used to being switched on 24/7, the right to disconnect may not always be practical.

Bryan Wilcox, CEO of the Real Estate Employers’ Federation (REEF), previously noted sales agents, while they “will certainly have a right to disconnect under this new legislation”, would be unlikely to exercise this right in practice, as “a call or email ignored might be a listing or sale missed”.

On the other hand, property managers are likely to benefit from the new legislation, which will reinforce existing award provisions. As Wilcox noted, the requirement for property managers to be properly compensated when on standby “has been an award provision since 2010”.

Administrative staff – such as front desk employees and executive assistants – are another group likely to reap rewards from the right to disconnect, with Wilcox noting it “is rarely necessary to contact this cohort outside of their ordinary hours of work”.

As the CEO noted, the right to disconnect will not completely ban employers from attempting to contact workers outside their set hours. Instead, it will give employees the right not the respond to these communications except where doing so would be “unreasonable” and will protect them from disciplinary action.

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