Agencies react to Australia's ‘right to disconnect’ law that may result in fines of A$94,000

Similar laws already exist in more than 20 countries, mainly in Europe and Latin America, although the Australian iteration doesn’t ban employers from contacting workers after hours.

Should problems arise, employers and employees should aim to resolve disputes among themselves, but if unsuccessful, Australia’s Fair Work Commission (FWC) can step in. The FWC has the power to order an employer to stop contacting the employee after hours and can order the employee to respond if it finds an employee’s refusal to respond unreasonable.

Fines of A$94,000 can be incurred by employer that refuses to comply with the FWC’s orders and employees can face fines of up to A$19,000.

Naturally, the news has caused ripples across all business sectors, but particularly in marketing and media, which often rely on after-hours working. Once again, the debate around work-life balance, or the improbability of it in some businesses, has been reignited.

The Drum approached agencies across the ANZ and APAC regions to determine what the impact will be.

Reuben Griffin, founder-director and head of growth, Double: “The right to disconnect law is so important in protecting people from the pressure-cooker, that working in a large agency can be. The agency business is high competition and low margin where teams fight aggressively to win and keep clients. Large clients who change agencies every one to three years often crush both agency employees with expectations that need constant heroic efforts to keep clients happy. I expect the right to disconnect law to give agency teams a small layer of protection from unrealistic and last-minute demands as well as shield younger professionals who struggle with work environments that often productize their performance anxiety as ‘responsiveness’ to clients. Good leaders already notice this trap and protect their people as best they can, but this is a great step in the right direction.”

Pauly Grant, chief talent officer – APAC, Publicis Groupe: “We know how important it is that our people maintain a healthy work-life balance, so we are working across the business to continue to ensure people assess the factors that deem out-of-hours contact reasonable, manage their schedules and priorities with their teams and communicate their preferred working hours. At Publicis Groupe, we have a flexibility framework through our Publicis Liberté philosophy, which focuses on behaviors such as ‘we are all different,' ‘communicate effectively’ and ‘set your boundaries.’ Liberte allows our people to work with their managers to create a way of working tailored to their needs and is reflected through no formal set hours within our contracts.”

Ashwin Gopal, ECD, TBWA Auckland: “The right to disconnect is great. But like any right, it comes with responsibilities. For this to work, ad folks will have to work hard at ignoring their devices after hours. The temptation to check emails or messages is always there. Once you’ve seen the message, it’s in your head. Whether you respond or not, it has already disrupted your off time. I’m hoping this law will mean people think twice before sending a request after hours. If you need to get it off your chest, you can always schedule the email to be sent at an appropriate time. Or draft a message to keep in your notes. As Aussies would say, ‘Don’t be a dick.’”

Matt Batten, creative strategist: “As an agency leader, I always try to maintain a healthy work/life balance for my teams, respect their time while being mindful of the business’s needs, negotiate fairly when extra hours become necessary, and I have always given equitable time in lieu (even when it was not an official agency policy). The fact that this needed to be legislated is a sign that workplace connectivity has been such a slippery slope (fuelled by more and more communication technologies) that too many employees feel their personal time has been abused. The right to disconnect could provide a foundation for employees who feel slighted to discuss individual boundaries with their employer before an issue arises. However, as we saw when there were changes to superannuation, the opening of the WFH floodgates, and many other updates to workplace practices, we could see employers simply adding new clauses to all future employment contracts which allow after-hours contact to be a ‘requirement of the role.’”

Pia Frey, global CMO, Affinity Global: “The right to disconnect law is like a safety net – reassuring, but not something employees will constantly use. Much like some companies’ unlimited vacation policies, where employees often take fewer days off than the norm, this law doesn’t pose a real risk that everyone will suddenly go offline the minute the clock strikes five. Operating Affinity’s Berlin HQ, where a ‘right to disconnect’ has, in a way, been in force since 1994, we’ve seen no evidence that respecting this right has led to lost pitches. For agencies in hypergrowth, the goal isn’t to eliminate after-hours work but to maintain a healthy balance, driven by passion, intrinsic motivation and leadership that keeps a hawk’s eye on team well-being. In the high-wire act of work-life balance, this approach keeps everyone confidently on their feet.”