The Right to Disconnect is now law in Australia, providing employees with the ability to reasonably refuse work-related contact outside of their normal working hours. Introduced through the Closing Loopholes No. 2 Act 2024, the right comes into effect on 26 August 2024 for large businesses, and 26 August 2025 for small businesses.
This article, written by our experienced employment lawyers, outlines what this new right means, how it applies, and what employers and employees should do to prepare.
Key takeaways
The Right to Disconnect becomes enforceable from 26 August 2024 (large businesses) and 26 August 2025 (small businesses).
Employees can legally refuse to respond to work-related communication outside of their normal hours—if their refusal is reasonable.
The right is now a workplace right under the Fair Work Act 2009 (Cth) and is protected by general protections provisions.
Employers who take adverse action against an employee for asserting this right may face action in the Fair Work Commission (FWC).
Exceptions apply: employees may still be required to respond if it is reasonable in the circumstances.
What is the Right to Disconnect?
The Right to Disconnect allows an employee to refuse contact from their employer, clients, or customers outside regular working hours, provided the refusal is reasonable.
It applies to all types of communication:
Emails
Calls
SMS or messaging apps
Digital platforms used for workplace communication
This new right does not prohibit employers from reaching out—but it limits their ability to expect a response after hours.
If an employer tries to punish or dismiss an employee for reasonably refusing to be available outside of their regular hours, this will be grounds for a claim of adverse action.
Legal Basis: Fair Work Act 2009
As of 2024, the Right to Disconnect is recognised under the general protections provisions of the Fair Work Act 2009 (Cth). This means:
It is a legally protected workplace right.
Taking adverse action (e.g., dismissal, demotion, disciplinary measures) because an employee exercised this right may lead to legal consequences.
The Fair Work Commission can issue binding orders in disputes.
Exceptions to the right
The right is not absolute. A refusal to respond may be deemed unreasonable based on several factors, including:
Whether the employee is paid to be available after hours.
Their employment contract or position description.
The urgency and purpose of the contact.
The method of contact and how disruptive it is.
Any personal circumstances (e.g., caregiving responsibilities).
Whether responding is part of the employee’s usual duties or seniority.
Disputes about the right to disconnect
If there’s a dispute between an employer and employee over the Right to Disconnect, either party can apply to the FWC. The Commission can:
Order conciliation, mediation or arbitration.
Stop employers from taking adverse action.
Prevent employees from unreasonably refusing contact.
Issue binding directives on communication conduct.
Practical Tips for Employers
To prepare for the law:
Review and update contracts to reflect after-hours availability expectations.
Create or update internal policies about communication outside work hours.
Provide training for managers on reasonable contact and employee rights.
Consider roles that require on-call availability and how these are compensated.
Keep clear records of communication expectations and availability arrangements.
Tips for Employees
To exercise your right responsibly:
Communicate your availability to your manager in writing.
Review your employment contract to understand your obligations.
Document any patterns of unreasonable contact or adverse action.
Raise concerns early through internal HR processes or seek legal advice.
Frequently Asked Questions
When does the Right to Disconnect take effect in Australia?
For large businesses: 26 August 2024
For small businesses: 26 August 2025
Can my boss contact me after hours?
Yes, but unless you’re contractually required or it’s reasonable to respond, you can legally choose not to engage.
What is 'unreasonable' contact?
Unreasonable contact is when you’re not paid to be available, not in an emergency, and the contact intrudes on your personal time without justification.
What if my employer punishes me for not responding?
You may be able to lodge a general protections claim for adverse action with the Fair Work Commission.
