Employees working in Australia have a new legal protection: the Right to Disconnect. They can now refuse unreasonable calls, emails, or messages after hours – all giving rise to adjusted policies and practices for employers, including small businesses with 15 employees or less.
The provision allows employees to refuse to monitor, read, or respond to work-related communications outside of their ordinary work hours – unless the refusal is unreasonable.
- Key Points of the Legislation
- Part of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023: This right was introduced as part of broader industrial relations reforms passed in December 2023.
- What It Covers: It applies to work-related calls, emails, texts, or messages made outside of an employee’s normal working hours.
- “Unreasonable” Refusal Exception: An employee cannot exercise this right if it would be considered unreasonable in the circumstances. Examples may include:
- An emergency situation.
- If the employee is on-call as part of their role.
- If they are in a role that involves time-critical communications.
- Dispute Resolution: If there is a disagreement about what is reasonable, the matter can be escalated:
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- Internally, through workplace dispute processes.
- If unresolved, either party can apply to the Fair Work Commission to resolve the dispute.
- Modern Awards and Enterprise Agreements: These instruments may include specific terms about how and when employees may be contacted outside of work hours. Employers should review and update contracts, policies, and award interpretations as needed.
Implications for Employers
- Policy Updates: Employers should review and update their communication and after-hours expectations policies.
- Training for Managers: Ensure that managers understand the new boundaries and are trained to respect employees’ rights to disconnect.
- Cultural Shift: Businesses may need to shift workplace culture to support this legal right, including setting clear expectations about response times and the definition of “urgent.”
Why It Matters
The legislation aligns with growing global recognition of the importance of work-life balance and mental health, particularly as remote and hybrid work blurs the lines between personal and professional time.
Australia now joins countries like France, Spain, and Italy, which have introduced similar rights in recent years.
Need more help or guidance:
- Visit Fair Work’s guidance or Talk to an employment lawyer to update your policies
To view the official legislation:
The Right to Disconnect was introduced through the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. The relevant provisions were inserted into the Fair Work Act 2009.
- Section 333M – Employee Right to Disconnect • Section 333N – Dispute Resolution
Disclaimer: This document is provided for general informational purposes only and does not constitute legal or professional advice. While every effort has been made to ensure the accuracy of the information contained herein, the author accepts no liability for any changes, or loss, or damage arising from reliance on its content. Readers should seek independent legal advice and updates, before acting on any matter discussed in this document.