New workplace laws replace common sense, and create more confusion

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There are generally two types of people in the workforce.

For the sake of the argument, let’s call them Group A and Group B.

A Group A person is typically job focused and career driven. They’re often in the office before anyone else, sometimes the last to leave.

On the way home, they’re more often than not on a work call. After the evening routine is over, they’re back on the laptop, tapping out emails.

Always undertaking research, always trying to further themselves, always aware of the ins and outs of the industry they’re in.

As the work group chat or Slack channel pings into the night, they’re on top of it.

They hunt opportunities, and generally it comes with rewards: promotions, better jobs, career fulfilment.

A Group B person is your classic clock watcher. In at nine, out at five, the thought of answering a work call or writing an email after hours totally foreign to them.

To Group B folk, work is simply that: work. And when they’re not at work, they’re not at work. Plain as that.

I should point out I’m not being critical of Group B here. Both Group A and Group B have their place in the workforce.

And indeed, there are some jobs that totally suit a Group B person; that would not require involvement after standard business hours. They are critical jobs, and again, I’m not suggesting it’s such a bad thing.

One thing is for sure though: Group A doesn’t quite understand Group B, and vice versa.

A Group A person doesn’t understand why you wouldn’t want to be on top of your game, why you wouldn’t want work to be part of your passion, why you wouldn’t want to advance yourself.

A Group B person doesn’t understand why you wouldn’t strive for better work-life balance, why you think your employer deserves your attention beyond what’s in your contract and why work could possibly be a stressful part of your life.

There will never be universal agreement because both are actually right here. And so often, it will depend on the job you’re in.

Where you run into trouble is when a Group A person and a Group B person is doing the same job.

And it always goes something like this: Group A gets promoted, earns more, even becomes the boss. Group B stays where they are, complains about it, hates the new boss and can’t possibly fathom why they weren’t considered for career advancement.

All of this is very much human nature and our individual thoughts and psyche.

So as the Federal Government this week introduces ‘right to disconnect’ laws, I’ve been left pondering, what actually prompted this and what do they think it’s going to achieve?

Or is it just one of those giant government thought bubbles that are completely removed from reality.

Are laws now guiding what common sense should control?

In short, the new laws mean that employees will have the right to refuse contact outside of work hours – including calls and emails – unless that refusal is unreasonable.

Ah, “unreasonable”.

The joy of Fair Work Australia and that word.

What one considers reasonable or unreasonable is very subjective, hence, again, there will never be agreement.

Let me tell you what this will change.

Absolutely nothing.

Firstly, I’d argue that bosses actually taking advantage of employees in terms of over-the-top out-of-hours contact is reasonably minimal in number.

There’s already laws and contracts in place that would prevent abuse of power in this space, so I’m not sure these new laws are going to make any great difference.

But let’s get back to our Group A and Group B personality.

A Group A person is not going to see these laws as a changer in their drive, commitment or passion.

A Group A person wants to take or make that call after hours, if it’s important enough.

They want to get ahead on their emails, want to tick off that to do list.

Work is important to them, and we should not shift so far the other way that such an attitude is seen as a problem or foolish.

A Group B person was never going to answer the call or email anyway.

The new laws does not prevent the boss messaging them, it just means they don’t have to answer.

Again, I doubt they were answering anyway.

And so the status quo will continue.

A Group A person will likely continue to rise in their careers; the obvious candidate for a promotion or better jobs.

The Group B person will continue in their mode too, and there’s no problem with that.

Perhaps one thing it will change is the recruitment process.

More of Group A, little less of Group B.

I understand there has been generational shift in work culture.

And the days of parents never seeing their kids or missing out on milestone moments have hopefully changed for the better.

But part of that is a result of technology improving our work life, not necessarily killing it.

In a lot of cases, being stuck at the office until 10pm and not seeing your kids has been replaced with the ability to jump back on once you’re home.

No law is going to stop the fact that as humans, we’re fundamentally different. We all have different priorities at different stages of life.

The person sitting next to you may be more passionate about their job than you. It doesn’t mean they’re wrong, nor right.

Whether we needed new laws to remind someone they don’t need to pick up a work call at 10pm though?

That’s surely questionable.

And at the end of the day, nobody seems certain about what this all means.

An employee will eventually test it through Fair Work Australia, I’m sure.

Others will game the process.

One thing is certain: the work from home brigade will now have to have their hours set in stone, so everyone is on the same page.

The door is open for confusion, chaos and potentially workplace disharmony.

Troy Dodds

Troy Dodds is the Weekender's Managing Editor and Breaking News Reporter. He has more than 20 years experience as a journalist, working with some of Australia's leading media organisations. In 2023, he was named Editor of the Year at the Mumbrella Publish Awards.


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