On 26 August 2024, the new workplace ‘Right to Disconnect’ rules came into effect.

These new rules were introduced as part of the second wave of sweeping ‘Closing Loopholes’ reforms to the Fair Work Act 2009 passed by the Federal parliament in February 2024.

Also included in this second wave of reforms were:

Despite the fact that the Right to Disconnect rules were passed by parliament over 6 months ago in February 2024, the weeks leading up to the commencement of the rules saw a flurry of media reporting about the potential serious impact these rules were likely to have on employers and businesses.

In order to ensure that employers and businesses properly understand the new Right to Disconnect rules (and the rights and obligations arising from those rules), it is necessary to ‘bust’ the main media myths and narratives surrounding these rules.

MYTH – Employers can no longer contact Employees outside their ordinary working hours

The main media narrative surrounding the Right to Disconnect rules is that employers will no longer be able to communicate with their employees outside of employees’ ordinary working hours.

Although the Right to Disconnect rules seek to regulate out-of-hours contact between employers and employees, the rules do not prevent or even restrict employers from contacting and/or sending out-of-hours communications to their employees.

What the Right to Disconnect rules do is confer a positive workplace right on an employee to refuse to monitor, read, or respond to contact, or attempted contact from the employer (or a third party relating to the employee’s work) outside of the employee’s ordinary working hours, unless the employee’s refusal is unreasonable.

In other words, if an employer contacts or sends communications to an employee outside of the employee’s working hours, the employee is free to either respond or not respond to that contact or communication. However, where the employer wishes to challenge or discipline the employee in relation to their refusal to respond to the contact or communication, the employer must establish that the employee’s refusal to respond was unreasonable in the circumstances.

By way of example, it may be reasonable for an employer to contact an employee after hours (and expect a response):

Additionally, the Right to Disconnect rules do not prevent an employer from sending communications to employees outside of the employees’ ordinary working hours where it is understood that the employee may read and respond to the communication when they next return to work.

Finally, the Right to Disconnect rules confirm that any contact required to be made outside an employee’s ordinary working hours pursuant to a Commonwealth, State or Territory law is always reasonable in the circumstances.

MYTH – The Right to Disconnect only provides rights for Employees

Although the Right to Disconnect rules are primarily drafted and framed as a right for employees, the rules nevertheless provide rights and remedies for employers where employees refuse to monitor, read and respond to contact and communication outside of their working hours.

Where an employee unreasonably exercises this right, an employer may make an application to the Fair Work Commission to deal with a ‘Right to Disconnect dispute’ (albeit only after attempting to informally resolve the dispute with the employee at the workplace level). The Fair Work Commission is empowered to resolve such disputes through conciliation or mediation, by making recommendations or expressing opinions, or via formal arbitration.

In the case of arbitration, where the Fair Work Commission is satisfied that the employee is unreasonably refusing to monitor, read or respond to contact or attempted contact and there is a risk the employee will continue to do so, the Fair Work Commission can make an order directing the employee to stop unreasonably refusing to monitor, read or respond to the employer’s contact or attempted contact.

Critically, where the Fair Work Commission issues a ‘stop order’ against an employee and the employee continues to refuse to monitor, read or respond to the employer’s contact or attempted contact, the employer would be entitled to take appropriate disciplinary action against the employee. Any decision to dismiss an employee for breaching a stop order would likely constitute a valid and fair dismissal (provided that procedural fairness was afforded to the employee before the dismissal took effect).

Further, where the Fair Work Commission determines that an employee’s refusal to monitor, read or respond to the employer’s contact or attempted contact was unreasonable, any complaints or inquiries made by the employee about the requirement to be contacted or respond to such contact may no longer be seen as the exercise of genuine ‘workplace rights’ and thus may help the employer defeat a General Protections claim.

MYTH – The Right to Disconnect will hurt Employees with predominantly casual workforces

Despite significant media attention around the potential impact of the Right to Disconnect rules on business and industries with predominantly casual workforces, it is unlikely that casual employees will regularly exercise the right to refuse to respond to out-of-hours contact by an employer in relation to rostering arrangements and shift requests.

Although the Right to Disconnect rules give employees the right to refuse to monitor or respond to contact from their employer outside the employees’ working hours, as noted above this right is not unrestricted and must be exercised reasonably in the context of the employees’ position and duties.

Where employees are engaged on a casual basis and are regularly required to attend for shifts at short notice, it is reasonable to expect employers to contact those casual employees outside of ordinary working hours (e.g. overnight or early in the morning) from time to time. Further, it is reasonable to expect those employees to respond to that contact (i.e. by either accepting or not accepting requests to work shifts) as soon as reasonably practicable so that the employer can make further inquiries with its other casual employees if and as required.

As a practical matter, it is also unlikely that casual employees would refuse to read or respond to out-of-hours contact by the employer about work requests, since refusing to do so would deny those employees of shift opportunities and therefore further earnings.

Although it remains to be seen how the Fair Work Commission will arbitrate and determine disputes between employers and casual employees, it is likely that the Fair Work Commission will consider the need to read and respond to out-of-hours contact as a necessary feature of casual employment and an implied contractual obligation for casual employees.

Action Items

In summary, despite all of the media reporting that suggested otherwise, the new Right to Disconnect rules will not destroy the modern business landscape as we know it. Nevertheless, employers and business must familiarise themselves with the new rules and remain vigilant of the new rights and obligations introduced by the rules.

To ensure compliance with the new rules and minimise the prospects of employee disputes, employers and businesses MUST:

Questions/Assistance

If you have any questions in respect of the above or would like any other employment related assistance, please contact our Matthews Folbigg Workplace Solutions employment law team.

DISCLAIMER: This article is provided to readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law.

Liability limited by a scheme approved under Professional Standards Legislation.

Have you ever found yourself connecting easily with some people, but struggling to communicate effectively with others? That no matter how many times you explain things to some people they just “don’t get it”, or they take offence, even when you are extra careful about how you say things to them.

The truth is, we all have communication preferences based on our personality type. The Birds Communication Profile is a stand out model for enabling you to communicate well with everyone. Not only does it divide personalities into four easy-to-remember birds, highlighting the strengths and weaknesses of each, it also drills down to give you a communication blueprint for each person:

 Owls are detail-oriented and value precision.

 Peacocks thrive on social interaction and creativity.

 Eagles are decisive, driven, and focused on results.

️ Doves prioritize harmony and are highly empathetic.

Most people make the mistake of communicating the same way to everyone to be fair and consistent. As a result, many of their conversations are ineffective and often lead to misunderstandings and conflict.

The best leaders and communicators adapt their style to suit the person they’re speaking to. The Birds Communication Profile Workshop is the key to mastering this.

How The Program Works

The Birds Communication Profile Workshop is a one-hour live workshop run in person or via live stream, for up to 30 staff. During the workshop, participants will:

• Take the Birds Personality Quiz
• Discover the pros and cons of their natural personality style
• Identify the other ‘Birds’ in their team
• Learn the do’s and don’ts of communicating with each bird type
• Get communication blueprints so that you speak the ‘right language’ for each bird
• Ensure you get the outcome you want, without negative reactions and emotion.

How to Get Started

Are you ready to turn every interaction into a productive and meaningful conversation? Call World Class Teams today to learn more about how the Birds Communication Profile Workshop will improve your business results.

  Book a chat with our team - https://calendly.com/michelle-wct/15min

 ☎️ Call 1300 085 248 

 ✉️ Email info@worldclassteams.com.au

Every year in October, Australia’s bike riding community rallies together for the Great Cycle Challenge which raises money for research into childhood cancer – with the simple aim of saving more lives.

The Great Cycle Challenge is a major fundraiser for the work done at Children’s Medical Research Institute in Westmead. Since 2013, riders have raised more than $40 million to help scientists work on a personalised approach to children’s cancer diagnosis and treatment.

Scientists want to change the lives of kids like Annabelle. The gorgeous three-year-old came home from preschool one day with a lump on her head after a fall. Her parents, Mel and Brendan, weren’t concerned until it developed into a sore, and then suddenly, she came out in bruises all over her legs.

“We had a new puppy, so we didn’t think too much of it. But when the doctor saw her bruises he said, ‘I’m sorry I hope I’m wrong but that is a telltale sign of leukaemia’.’’

Brendan said they were just shellshocked, and within 24 hours she was having a lumber puncture, spinal tap, and had started chemo.

“Even then, I just kept thinking that someone was going to tell us they got it wrong,’’ he said.

The good news for the family was that they had caught it very early, and since then, Annabelle has been taking oral chemo tablets at home, as well as weekly chemo at hospital, and is starting a new clinical trial shortly, which her family has been told may increase her survival chances by an extra 10%.

Despite the challenges she’s faced, Brendan tells beautiful stories of how easily Annabelle has adapted to her new normal. When the family recently made the tough decision to shave her head, Annabelle said her “hair had gone on holiday – to Melbourne’’. She has also nicknamed her nasal tube “spaghetti – like it’s her friend’’.

Brendan’s best friend Tony has been riding in the Great Cycle Challenge for many years, choosing to ride over 24 hours as his own personal goal. This year, the two friends will ride and fundraise together.

“I look at the timeline of how fast Annabelle was diagnosed and treated and it’s amazing,’’ Brendan said. “We still have a long road ahead of us, but it’s exciting that she’s been offered this new treatment that improves her chances - and that’s because of research.

“We can always do more to help these kids, and the only way we will do that is through research and development.’’

We are calling on all Australians to sign up, choose how many kilometres you’d like to ride throughout the month of October, and raise funds to help kids like Annabelle. Find out more and register for free at: greatcyclechallenge.com.au

Gather your colleagues, dress to impress, and celebrate Melbourne Cup 2024 in a stylish and vibrant setting.

Watch the races live on the big screen on our dedicated outdoor deck or enjoy the atmosphere from our comfortable indoor space.

Indulge in our Special Race Day Platter, available for $89 per person, featuring premium meats, gourmet sides, and fresh accompaniments.

Receive a complimentary beverage on arrival, with a choice of three exclusive Race Day-themed cocktails.

For all enquiries, please speak to a member of our team at +61 2 9685 0340 or email events.prsyp@parkroyalhotels.com

Date & Time

Tue 5 November, from 12:30pm

Click here to book now

Join us October 3rd as we come together to recognise and honour the female leaders in our community. The Pink October Charity Luncheon will feature inspiring talks from Michelle Payne OAM, a trailblazing national icon joined by the legendary horse owners Debbie Kepitis and Lara Kepitis, sharing their stories and raising awareness in support of Breast Cancer Awareness month.

Guests will be welcomed with a selection of canapes and our signature MGallery Balmaretto Flame cocktail. Engage in stories sharing insights and raising awareness about breast cancer throughout the event and savour a gourmet menu of shared platter options followed by dessert plates featuring a trio of delectable sweets.

This is an inclusive event for both men and women, with ticket sale proceeds donated towards the McGrath foundation.

Book Your Tickets Here!

$99.00 per ticket + Booking Fees

Northcott’s Giving Month is around the corner. Join Northcott this Neon November to raise money and make life brighter for people with disability!

Highlight the date and involve your organisation:

• Donate or become a Matching Hero supporter and inspire others to give
• Get your staff involved—hold a neon-themed fun event or activity to raise funds or create a team that your staff can join
• Match your employee's donations to amplify the impact together

Funds raised will GLOW UP Northcott's spaces and places, ensuring accessible environments equipped to motivate and empower individuals with disability to achieve their therapy, work, and social goals.

Get set to have some neon fun for a great cause! Interested?

Contact fund@northcott.com.au to get started or visit www.northcott.com.au to learn more about our services.

Looking to connect with fellow members? Let The Connection be your guide! Reach out to us today to explore how we can facilitate those introductions for you.

Introducing the third edition of the Western Sydney Business Connection's 'Meet the Member' Series: our ongoing initiative that shines a spotlight on our diverse and dynamic members. Through this series, we delve into the stories behind their businesses, celebrate their achievements, and share their unique insights. Stay with us as we feature more members, welcome new faces, and strengthen the bonds within the Western Sydney business community.

Meet The Alternative Board

The Alternative Board supports business owners to take their business to the next level through; supportive advisory boards made up of other local business owners, expert one-to-one coaching, and our suite of business tools.

But how do we differ from a traditional business coach or consultant? They may concentrate on improving your sales, sorting out your HR or helping you with your finances but that’s where it often ends. At TAB, we’ll look at these too of course, but we’ll start with you, the business owner, as a person.

Our coaching and mentoring sessions are designed to give you the time and space you need to gain more clarity and focus on your business. With the additional support of the TAB Business Builder’s Toolkit you will have everything you need to exceed your goals and set new ones.

Visit The Alternative Board Website

Meet The Team

John Sweeney - Ryde/Parramatta NSW

E: john@thealternativeboard.com.au

P: 0418 233 695

As the owner of The Alternative Board Ryde/Paramatta, I have more than 45 years executive and board level experience working across Banking and Finance, Equipment Leasing and Tertiary Education. I possess extensive finance and accounting skills which most business owners that I work with do not have.

Before joining TAB, I provided mentorship to business owners and CEO’s in my own consulting and coaching business but the opportunity to join the TAB network was too good to pass up. The business model of members holding each other accountable is an incredibly powerful tool and combining that with personalised one-on-one coaching really frees me up to focus on the business owners and helping them achieve their personal and business visions.

I am passionate about using my real life experiences to assist business leaders to become leaders of industry by exploiting their full potential and my goal is to pass on my experience of great successes and challenging business conditions to help business owners achieve their vision of success. I come from a senior corporate background where, as a CEO, I led a team of 500 people and together we built a company from grass roots to $2 billion in an extremely competitive and overcrowded market. Together, we weathered three severe recessions, where many of our competitors failed, whilst we emerged intact and stronger. That experience, whilst stressful and threatening, taught me the value of being prudent and playing to our strengths in business.

TAB’s resources, together with my own corporate experience, places me in a strong position to work alongside business owners coaching them to recognise the solutions to their challenges and then take action to address them. TAB’s ethos and values align closely with mine so working with business owners and watching them succeed personally and in business is a source of pride and deep satisfaction for me.

As a TAB member, you have access to the thoughts and ideas of other successful business owners to help you find solutions to your challenges. Moreover, you are working with like-minded people who are committed to supporting each other to grow and prosper.

Nigel van Reyk - Ryde/Parramatta NSW

E: nigel@thealternativeboard.com.au

P: 0418 600 174

Working with John Sweeney in The Alternative Board Ryde/Paramatta area as a Certified Coach and Facilitator, I help forward-thinking business owners increase profitability and improve their lives by leveraging local business advisory boards, private business coaching and other strategic services.

With over 20 years of experience managing privately owned businesses for owners and directors, I have helped countless businesses create and execute business strategies that get results. I combine the entrepreneurial skills vital to a privately-owned business with the operating and reporting disciplines required in a corporate environment.

I am committed to life long learning and TAB provides me with that stimulus from both members and other TAB business owners. I am also in a position where I can give back to the business community by sharing my experiences with others. I enjoy working with owners who are interested in making their businesses the best they can be.

I have had a very varied career in terms of industry sectors and job roles and I have both formal and practical training in Strategy, Marketing, Operations and Finance in both B2B and B2C markets. This helps me provide our members with a multitude of insights, both from a personal and a business perspective.

Robert Proietti - Macarthur NSW

E: robert.proietti@thealternativeboard.com.au

P: 0430 317 179

I have more than 30 years experience in roles spanning across production, operations, sales, and senior management.

Having worked in both local and international companies, I’ve worked on establishing distribution channels, setting up new facilities, and launching new products, worked on mergers and have a background in engineering. I also understand the pressures of owning a small business, as I come from a family of business owners.

Working with The Alternative Board, I thoroughly enjoy seeing the board care for the other members by becoming engaged in the conversation of helping the other board members with their challenges.

I pride myself on my understanding the needs of the business and then developing a strategic plan to execute the business goals. I especially love seeing the excitement when a member shares how they have overcome their problem, with the help of the board. I enjoy being able to bring value to the business owner by sharing my experiences and then seeing them grow and thrive.

I am passionate about helping other business owners to achieve both their personal and business goals. I thrive on the excitement that business owners share when they hit their business and personal goals.

On weekends you’ll find me restoring old cars (I own a 1962 EK Holden), on the golf course, or traveling with my family.

Tony Cocks - Sydney Hills District NSW

E: tony.cocks@thealternativeboard.com.au

P: 0452 652 153

As the Owner of The Alternative Board Sydney Hills District, I bring a wealth of experience in General Management, Finance, IT, and Operations from my time in large multinational companies. I have successfully led business units through extensive transformations to enhance competitiveness and drive growth.

Joining The Alternative Board wasn’t just about shared values for me, it was also about empowering fellow business owners. As a Facilitator at The Alternative Board, I find fulfillment in forging connections, fostering collaboration among entrepreneurs and making a real difference for their businesses and personal goals.

My passion for business extends to my commitment to continual learning and improvement. I believe in the power of sharing experiences, making The Alternative Board’s platform invaluable for collective growth.

With a focus on strategic guidance and transformative insights, I am dedicated to helping business owners realise their visions. So what’s my advice for you and your business? It’s simple; experience The Alternative Board’s community-driven approach firsthand, it will change how you run your business, view your business and help you achieve your goals, both personal and business-related.

When I’m not working you will find me watching AFL. I also enjoy fitness, travel, and spending quality time with my family.

Seeking connections with our members? Reach out with The Connection to learn how we can help facilitate those introductions for you.

Attracting the next generation of workers to manufacturing, and adapting skills to an ever-changing industry were some of the key challenges highlighted by local manufacturers at a recent forum.

The Western Sydney Manufacturing Forum was held in St Marys in May, bringing together over 100 Western Sydney manufacturers to discuss workforce development strategies.

Manufacturing is a major contributor to Penrith's local economy and employs over 6,700 people. 

The event was delivered in partnership with Workforce Australia for Business, and Training Services NSW, Services NSW, and Penrith City Council. Attendees heard from a team of experts and industry leaders including Apprentice Employment Network NSW & ACT, University of Technology Sydney, Western Parkland City Authority, and Manufacturing Skills Australia.

In his opening address, Cr Todd Carney, Mayor of Penrith said "By working together we’re building a future that’s not just Made in Australia, but a future Made in Western Sydney." 

Council will continue to support events such as this to create a thriving environment for local businesses to grow and help achieve Council's goal of an additional 2,000 manufacturing jobs in Penrith by 2031.

To find out about future events, or to learn more about manufacturing in Penrith, sign up to the Invest Penrith eNews here

Many businesses experience a significant lack of exit planning, often leaving business owners shortchanged when it’s time to hand over the reins of their enterprise.

We invite you to complete William Buck's short 5-minute survey. The insights you provide will shape their leading annual Exit Smart Report, which supports business owners in preparing for a successful exit, no matter what path they choose.

Their 2023 report revealed that while 72% of owners expected to exit their business within the next 10 years, less than 40% had an exit strategy in place.

Take part in this short Exit Smart Survey and enter the draw to win a $1,000 Luxury Escapes voucher: https://www.surveymonkey.com/r/WSBC-ad