Australia's New "Right to Disconnect" Laws: What Employees and Employers Need to Know

Australia has now fully introduced right to disconnect laws through the Fair Work Act. These laws were rolled out in two stages:

• 26 August 2024 – took effect for businesses with 15 or more employees.

• 26 August 2025 – extended to cover small businesses with fewer than 15 employees.

This change, part of the Closing Loopholes reforms, gives employees the right to refuse unreasonable work-related contact outside their normal working hours. It also places new responsibilities on employers to respect boundaries and manage communication policies.

The right to disconnect protects employees from being required to monitor, read or respond to work-related communications after hours unless refusing would be unreasonable.

This applies to contact from:

• employers

• managers

• colleagues

• or even third parties such as clients.

Reasonableness is assessed on factors such as:

• the reason for the contact

• the nature of the employee’s role and level of responsibility

• personal circumstances (such as caring responsibilities)

• how disruptive the contact is and the way it is made

• whether the employee is compensated (such as on-call allowances).

The right to disconnect now applies to all Australian businesses, regardless of size.

For employees, the right to disconnect provides clear boundaries and legal protections.

• Protected time off – employees are no longer required to monitor after-hours communication.

• Adverse action protections – it is unlawful for employers to dismiss, demote, or overlook promotion opportunities because an employee exercised their right to disconnect.

• Coverage beyond employer contact – protections extend to unwanted contact from third parties such as clients or co-workers across time zones.

• Workplace disputes – disagreements should first be addressed at the workplace level, with the option of union representation if needed. If unresolved, the Fair Work Commission can intervene.

Employers now have clear obligations to comply with the right to disconnect.

• Small businesses are included – as of 26 August 2025, all employers, regardless of size, must comply.

• Respect employee boundaries – employees cannot be penalised for refusing unreasonable after-hours contact.

• Policy and training – businesses should update communication policies and provide training so staff know their rights.

• Resources available – the Fair Work Ombudsman has released short videos and webinars to help small business employers implement the law.

• Penalties for non-compliance – employers who breach the law may face penalties, with fines applying per contravention.

It requires both employers and employees to collaborate and communicate to foster an understanding and seamless integration of the new laws into daily operations.

Here are some best practices for both parties:

• Regular Communication: Maintain open dialogue among team members regarding after-hours contact and clarify expectations. Regular discussions can help to reinforce what is acceptable and what is not.
• Training and Awareness: Employers should provide training sessions to educate staff about the right to disconnect and ensure they understand how it applies to their roles. Such sessions can promote adherence to new policies.
• Policy Documentation: Prepare clear and accessible policies outlining the right to disconnect. This documentation should be readily available and easy for every employee to digest.
• Example Setting: Leaders and managers should demonstrate respect for the right to disconnect by refraining from sending non-urgent communication after hours. This sets a positive precedent for the entire team.
• Utilise Technology Wisely: Embrace technology that can help manage communication more effectively, such as delay features for emails, allowing messages to be sent during working hours.

• The right to disconnect provides employees with legal protection against work-related communication outside of standard hours.
• Employees can refuse engagement with work-related messages unless the refusal is unreasonable.
• Employers must respect employees' boundaries and update their policies to align with the new laws.
• Clear communication and training are essential for successfully implementing the right to disconnect.
• Employees and employers should engage in open discussions regarding after-hours expectations to foster a positive working environment.
  
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Does the right to disconnect apply to small businesses?
Yes. From 26 August 2025, employees of small businesses (fewer than 15 employees) also have the right to disconnect.

Can employers still contact employees after hours?
Yes, but employees are not obliged to respond outside their working hours if it is unreasonable.

What happens if there’s a dispute?
Workplace disputes should first be resolved internally. If no agreement is reached, the Fair Work Commission can make binding orders — for example, preventing an employer from penalising staff or preventing an employee from unreasonably refusing contact.

Can employers take action against employees who refuse after-hours contact?
No. The right to disconnect is a workplace right. Employers cannot take adverse action such as dismissal, demotion, or discrimination.

Who is Pay Cat?

Simplify Payroll. Stay Compliant.

Pay Cat helps Australian businesses take the stress out of payroll and stay fully compliant with modern awards. As Employment Hero Payroll experts, we set up systems that cut down on mistakes, save hours each pay run, and keep your business on the right side of Fair Work.