Effective 26th August this year, Australia’s new workplace right, the ‘right to disconnect’ law will extend to employees of small business employers (i.e., those with fewer than 15 employees). For employees of larger organisations, this right has been in force since 26th August 2024.The ‘Right to Disconnect’ was introduced in Australia through the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023. In response to Recommendation 2 of the Education and Employment Legislation Committee’s report, the Government supported the proposal to include this right in Part 2 to Part 9 of the Fair Work Act 2009 which made it clear that employees are not required to monitor, read or respond to employer or work-related contact outside of their regular working hours, unless refusing to do so is unreasonable.

‘Right to disconnect’ – What does this mean?

Are employees free to disconnect from work-related communication outside of usual working hours?

Can employees ignore official messages after clocking off without fear of adverse action?

Are employees entitled to enjoy their personal time outside of working hours without facing consequences for not responding to work-related contact?

The right to disconnect is a recognised workplace right aimed at promoting work-life balance by allowing employees to switch off after hours and enjoy personal time without the obligation to constantly monitor work-related e-mails or messages. However, there is a catch, this right is not absolute. Employees are expected to acknowledge the urgency of certain situations, respond in emergencies and consider their seniority, role and responsibilities while making the decision to refuse or revert. In reasonable circumstances, they may be required to engage with work-related communication outside of regular working hours.

In effect, the law allows an employee to refuse contact or attempted contact from their employer (or a third party, if the contact relates to work) outside of their designated working hours unless the refusal is unreasonable.

Does it mean an employer cannot contact an employee outside working hours?

The right to disconnect rules do not make it unlawful for an employer to contact an employee outside working hours. Instead, they give employees a legal right to refuse to monitor, read, or respond to the contact, unless doing so is unreasonable. It’s important to remember that the focus is on whether the employee’s refusal was unreasonable.

In evaluating whether a refusal is unreasonable, the following factors will be considered:

(a) the reason for the contact or attempted contact;

(b) how the contact or attempted contact is made and the level of disruption the contact or attempted contact causes the employee;

(c) the extent to which the employee is compensated:

(i) to remain available to perform work during the period in which the contact or attempted contact is made; or

(ii) for working additional hours outside of the employee’s ordinary hours of work;

[Note: The extent to which an employee is compensated includes any non-monetary compensation].

(d) the nature of the employee’s role and the employee’s level of responsibility;

(e) the employee’s personal circumstances (including family or caring responsibilities).

An employee’s refusal is considered unreasonable if the contact is required under any Commonwealth, State or Territory law.

[ Source : Division 6—Employee right to disconnect Subdivision A—Employee right to disconnect 333M]

‘Right to disconnect’ – Compliance takeaways for Employers

1. Revise workplace policies or roll-out a right to disconnect policy: Revisit workplace policies and clearly outline the distinction between reasonable and unreasonable requests by employees to work outside of business hours. Implement clear expectations in the workplace that deal with out-of-hour contact with practical rules governing why and how out-of-hours contact should be made to employees.
2. Re-look at Employment contracts: The employment contracts should be updated accordingly with the right to disconnect term and should avoid any terms contradicting the right to disconnect, unless for roles where after-hours availability is required. In such cases, ensure that this requirement is explicitly included in the employment contract.
3. Sensitize and educate managers on what is a reasonable contact: Provide training and information to managers and team leaders regarding the right to disconnect term and how they should avoid contacting employees after working hours without valid urgency. Outline that employees are not required to respond to unreasonable out-of-hours contact and that managers should consider the urgency and reason for contacting an employee outside of their ordinary hours before that contact is made.
4. Adopt less disruptive modes of contact: The mode of contact used by you to contact employees after working hours should be less disruptive. For example, send work e-mails for the completion of urgent tasks after working hours instead of frantic calls and texts.
5. Communicate with employees: Have a discussion with your employees. Talk about what is reasonable and what is not. Discuss the manner and way this right will work. Explain emergencies and what is one and that they will be contacted only when there is a need to and not for something which can wait till the next day of work resumption. Regular and open communication helps maintain a harmonious working environment. It can also prevent workplace problems from happening. Both employees and employers are responsible for open and effective communication at and about work.
6. Clearly define Job Descriptions: Clearly mention the job profile and the job expectations. If you are hiring someone in a senior role ensure that the job profile and expectations are clearly mentioned. Similarly, when you hire someone for global roles then extending beyond working hours may be required.
7. Setting expectations with clients and suppliers: While engaging with third parties, ensure the clients/ third parties and supplier are sensitized about the employees right to disconnect and make a work contact only if it is reasonable.

What to do in the event of a dispute?

Disputes about an employee’s right to disconnect should first be discussed at the workplace level to try to resolve the dispute.

If that isn’t successful, employees or employers can go to the Fair Work Commission (FWC) for assistance to deal with the dispute. The FWC can make orders or deal with the dispute in other ways. This includes making orders to stop an employee from refusing contact or to stop an employer from taking certain actions.

With its phased implementation, now is the time for all organizations, large and small, to revisit how they manage communication with employees after working hours, define expectations, appreciate employees’ personal time and responsibilities and respect boundaries. The Fair Work Ombudsman have explained scenarios, given tips to implement the law and handle situations and videos explaining the right to disconnect.

Navigating employment regulations like Australia’s ‘right to disconnect’ requires more than just awareness—it demands structured implementation. Lexplosion’s compliance management solution, Komrisk, enables businesses to stay ahead by mapping legal obligations into actionable tasks, sending automated alerts, and centralizing documentation for audits and policy reviews.

If you’re planning to get compliance management software in place, let’s talk. Get in touch

Written by: Antara Dasgupta

Research by: Ayushi Karmakar

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