The sleeper IR issue of the Right-to-Disconnect wakes up

This week, the Australian Parliament debates further workplace relations legislative system changes. These will have occupational health and safety (OHS) impacts, usually indirectly; however, one clear OHS element in the proposed legislation is the Right-to-Disconnect.

This change has been a long time coming and has clear and proven mental health and social benefits for workers, but you won’t hear much of the OHS justification in the media. Most of the business opposition has been alarmist noise claiming the world will end. According to the Australian Financial Review (AFR) editorial on February 1 2024. Workplace Relations Minister Tony Burke:

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A refresh of the Code of Practice for Working Hours could be of great benefit

Many workers have a working week that includes more hours than they were contracted for. This is often described as “unpaid overtime”, which is a misnomer as “overtime” traditionally involves being paid a higher rate of income to compensate for making one available beyond or “over” regular business hours. Unpaid overtime can also be considered employer- and employee-endorsed exploitation and lead to industrial disputes, as junior doctors recently showed in Victoria.

Since 2006, the West Australian government has had a Code of Practice for Working Hours, with supporting documents such as risk management guidelines. This level of prescription could be applicable in supporting and clarifying newly-emphasised occupational health and safety (OHS) duties for psychosocially healthy work.

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Calculate the cost of your overwork

Long working hours have been identified as a major contributor to poor workplace mental health. International benchmarks have been identified as tipping points for mental health. A local Australian initiative to highlight the risks associated with overwork is Go Home on Time Day, which The Australia Institute supports.

Fewer companies than when the day started in 2009 seem to be supporting and promoting the day in their wellbeing calendars. Perhaps because the day identifies the shameful fact that employers will not stop workers from working long hours “if the workers choose to” even though the evidence is that the practice is harmful.

Its working hours calculator is a major part of the Go Home on Time Day initiative.

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Work From Home conflict between corporate desire and worker reality

The working-from-home (WFH) debate continues in business newspapers with tension about what the employer and worker want. The Australian Financial Review (AFR) has its regular voices from business groups saying that it is damaging productivity for workers to be away from the offices as much as they are, but also reporting the lived experience of working from home with workers identifying positive social and familial benefits.

On November 25, 2023, the newspaper confirmed that Amazon Australia is using career progression as a nudge for workers to come to the offices more frequently.

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A transport court case relevant to all managers and employers

In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as

“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”

The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.

It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.

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Cultural and operational shortcomings in white-collar work

Long working hours and the billable hours structure received some attention in the prominent business newspaper. the Australian Financial Review, on November 11,2023. Unsurprisingly the article, by Edmund Tadros, about former Sex Discrimination Commissioner, Elizabeth Broderick has garnered attention in the business social media. The article reinforces the unsafe nature of the dominant management practices in white-collar workplaces.

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Billable hours are unsafe

Late last week, it was announced that prominent lawyer Michael Tooma was leaving Clyde & Co for a position with Hamilton Locke, focussing on environment, social, and governance matters. This is interesting in one way, as lawyers move firms regularly, but his comments about the social harm from law firms’ reliance on billable hours was more interesting.

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