Right to Disconnect

The Hon. J.S. LEE (Deputy Leader of the Opposition) (14:38): I seek leave to make a brief explanation before asking a question of the Minister for Industrial Relations and Public Sector on the right to disconnect.

Leave granted.

The Hon. J.S. LEE: The amendments to the Fair Work Act mean that an employee can refuse to monitor, read or respond to contact or attempt at contact from an employer or third party outside of their usual working hours unless that refusal is unreasonable. Matters that need to be considered when determining whether or not an employee's refusal is unreasonable include whether the employee is compensated or paid extra for remaining available to work when the contact is made or working additional time outside the ordinary hours of work. My questions to the minister are:

1. How is the minister monitoring the impact of the right to disconnect laws on the public sector in South Australia?

2. Does the minister have any concerns that South Australian public sector employees may abuse the right to disconnect laws to rack up extra work, overtime or flexitime just from monitoring their phone after hours?

3. What monitoring arrangements are in place to assess the impact of the right to disconnect laws on productivity in the public sector in South Australia?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:39): I have to say, the honourable member asking a question about refusal to answer is quite hypocritical and galling, given the honourable member's refusal to answer this week to take account of her own behaviour in this chamber over the last month or so. It is galling.

In relation to what impact the change to the Fair Work Act will have on the South Australian public sector, that is a federal piece of legislation that deals with private sector employees, full stop.

Members interjecting:

The PRESIDENT: Order!

Members interjecting:

The Hon. K.J. MAHER: It's private sector employees, not public sector. It's a pretty—

The PRESIDENT: The Hon. Mr Hanson.