Eligible aged care workers are not required to answer work-related calls in most circumstances now due to newly established legislation.
The Australian Government changed the workplace requirement recently, effective from August 26, 2024, allowing eligible workers in non-small businesses including aged care to decline out of hours contact from their employer or a third party.
Changes to 155 modern awards were made by the Fair Work Commission including the Aged Care Award 2010.
In an interview with the Weekly Source, Deanna McMaster, a partner with law firm MinterEllison, highlighted that workers can ignore out of hours contact from their employer depending on the situation.
“It does not prevent an employer from attempting contact, rather, employees have a workplace right to not accept that contact or to not respond outside of hours and the employer cannot take disciplinary or other action against that employee because of the refusal, if the refusal not unreasonable,” she said.
“Aged care providers also need to be aware of the psychosocial safety obligations to their workers, including the impact that out-of-hours contact can have on workers.”
However, in some cases, aged care workers may be expected to answer out of hours contact from their employer dependent based on factors such as their work responsibilities, family commitments and the reason and method for contact.
One factor that may exclude an aged care worker from refusing out of hours contact is if they have agreed to a relevant award, enterprise agreement or employment contract that make them ineligible. More information about this is available on the Fair Work Ombudsman website.
Anticipation of work-related calls can be stressful, but that’s not the only aspect that can exhaust aged care workers.
Researchers of multiple studies highlight the ‘emotional toll of frequent death exposure on healthcare workers and its potential impact on performance and interpersonal interactions.’
The ability for workers to disconnect from stressful situations is important to maintain good mental health, as highlighted by Australian Council of Trade Unions Assistant Secretary Liam O’Brien.
“[…] Work pressures, accounting for one in four claims, is having an adverse effect on people’s mental health. This is why the right to disconnect is so important. Establishing clear boundaries to separate work and the rest of our lives is important for reducing burnout and ensuring all of us can spend quality time with our loved ones,” he said.
Approximately 370,000 people are employed in Australian aged care homes and services including residential aged care facilities, home care and the Commonwealth Home Support Program.
Employers are encouraged to have open discussions with their employees regarding expectations of out of hours communication.
Different topics that employers and managers may choose to discuss with their employees could include:
University of New South Wales Business School’s Professor Emmanuel Josserand recently commented on the value of open communication between employees and employers, in a UNSW Newsroom interview.
“The right to disconnect can be crucial in promoting employee wellbeing and creating a more sustainable work environment. This new legislation represents a significant shift in the Australian work culture and workplace rights,” he said.
“With the growing adoption of flexible and remote working arrangements, it’s essential for both employers and employees to establish healthy boundaries and expectations around communication outside of standard working hours.”
Before contacting an employee, the employer should consider if another worker on shift can resolve the issue or if it can wait until the next time the employee is at work.
However, if an aged care worker’s employer is classified as a small business, the right to disconnect does not apply until 26 August 2025.
The Fair Work Ombudsman classifies a small business as having fewer than 15 employees at any time.
While the ‘right to disconnect’ legislation is a step forward for workers to leave work at work, clear communication between employers and employees appears to be a crucial aspect to ensure mutual understanding.
So if an employee doesn’t sign of on a drug for a resident or the resident said one was omitted, it cannot be resolved till the next day. Am I correct in that interpretation?