The right to disconnect allows employees to refuse contact outside working hours unless the refusal is unreasonable.
Legislation: Fair Work Act 2009 s333M | Category: Working Arrangements
What is Right to Disconnect?
The right to disconnect is a new workplace right introduced by the Fair Work Amendment (Closing Loopholes No. 2) Act 2024. From 26 August 2024 for non-small business employers (and from 26 August 2025 for small businesses), employees have the right to refuse to monitor, read, or respond to contact from their employer or third parties outside their working hours, unless the refusal is unreasonable.
The right does not prevent employers from contacting employees — it gives employees the right to not respond. Whether a refusal is reasonable depends on factors including the reason for contact, how disruptive it is, the employee’s compensation and role, and personal circumstances.
Key Compliance Points for Employers
- Disputes about the right to disconnect can be taken to the Fair Work Commission
- Taking adverse action against employees for exercising this right is prohibited
- Employers should review after-hours contact practices and expectations
- Clear policies about when out-of-hours contact is genuinely required can help manage expectations
- The right interacts with existing obligations around maximum hours and overtime
Frequently Asked Questions
What is Right to Disconnect?
The right to disconnect allows employees to refuse contact outside working hours unless the refusal is unreasonable.
Why is Right to Disconnect important for employers?
Understanding right to disconnect helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
