Cross-time-zone meetings: separate on-call duty, work and ordinary messages

What the firm’s perspective adds

DLA Piper’s February 2024 analysis explains how Australia’s right-to-disconnect rules interact with international meetings, additional hours, and overtime. It clarifies that the right to refuse contact is not a prohibition on all contact. Because the article was published before the relevant provisions commenced, we read its timing and scope against the Fair Work Ombudsman’s updated guidance, not the firm’s predictions. The key point is that contact is not universally banned; instead, an employee may refuse out-of-hours monitoring, reading or responding unless that refusal is unreasonable under the applicable rules.

Put the schedule in local time

Record the employee’s regular working hours, meeting times, who requested attendance, and expected response windows in the employee’s local time zone. Clearly separate an optional recording from required live attendance. Ask whether a calendar invitation is a request to work or merely informational. Keep this explanation together with the recurring meeting schedule so that the basis for each attendance is documented.

Compare responsibility and compensation

Ask how on-call availability and work actually performed are recorded and paid under the relevant employment arrangement. Note any disruption to personal time and any caring responsibilities you want considered. Do not assume that an on-call payment covers unlimited tasks, nor that ignoring every late message is always a protected response. The reasonableness of a refusal depends on the circumstances, including the employee’s role, the level of contact, and any compensation.

Propose an operational alternative

Suggest rotating meeting times, designating a named duty contact, or agreeing to delayed responses outside set hours. Record your proposal, the employer’s response, and any trial period. If the conflict continues, take the concrete schedule and communications to the workplace discussion route before seeking external dispute assistance.

Useful question wording

When raising the issue, ask: “Under my current arrangement, how is my on-call availability recorded and compensated, and what is the expected response time for messages outside my regular hours?” For a specific meeting, ask: “Is this calendar invitation a request to work, and if so, what are the working hours and overtime implications?” These questions help clarify the employer’s expectations and the basis for any refusal.

Next steps if unresolved

If the issue remains unresolved after workplace discussion, you may consider external dispute resolution through the Fair Work Commission. Before doing so, gather all relevant records: the meeting schedule, communications about attendance expectations, your proposal, the employer’s response, and any records of hours worked or on-call time. Bring these documents to a workplace advisor or union representative for guidance on the next steps.

Hypothetical illustration: a recurring international meeting

Suppose an international team schedules a recurring meeting at 9 pm in your local time, although your ordinary work ends earlier. Ask whether live attendance is required, whether the time is work, how it is paid or accounted for, and whether a recording or rotated meeting time is feasible. Keep the answers with the local-time schedule. The other office’s business hours do not alone settle whether your refusal would be unreasonable.

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