As of 26 August 2025, Australian employees enjoy a statutory right to disconnect, which marks a significant shift in workplace rights and intends to protect work-life balance in an increasingly connected world.
What Is the Right to Disconnect?
The Right to Disconnect gives employees the legal right to refuse to monitor, read, or respond to work-related contact outside of their ordinary working hours, unless their refusal is deemed unreasonable. Contact may include including calls, emails, texts, or messages from employers, clients, suppliers, and third parties.
Who Does It Apply To?
- From 26 August 2024: Employees of non-small businesses (15+ employees)
- From 26 August 2025: Employees of small businesses (fewer than 15 employees)
What Is Considered “Unreasonable” Refusal?
An employee’s refusal to respond to contact may be considered unreasonable depending on:
- The urgency and nature of the contact
- The method of communication and its disruption
- The employee’s role and level of responsibility
- Whether the employee is compensated for being available after hours
- The employee’s personal circumstances, such as family or caring responsibilities
Implications for Employers
Employers are not prohibited from contacting employees after hours, but they must respect the employee’s right to disconnect unless the situation meets the criteria for reasonable contact.
Compliance for Employers
- Review employment contracts, awards, and enterprise agreements to ensure compliance
- Discuss expectations around after-hours availability with staff
- Document arrangements and update internal policies
- Train managers on respectful communication and legal obligations
- Avoid disciplinary action against employees exercising their right to disconnect
What Employees Should Know
Employees now have a protected workplace right under the Fair Work Act to disconnect. This means:
- You can refuse contact outside work hours unless it’s unreasonable to do so
- You are protected from adverse action (e.g., dismissal or discipline) for exercising this right
- You can raise disputes internally or escalate to the Fair Work Commission if needed
Resolving Disputes
If disagreements arise:
- Attempt to resolve the issue internally through discussion
- If unresolved, either party may apply to the Fair Work Commission, which can:
- Issue orders
- Facilitate mediation or conferences
- Prevent disciplinary action against employees exercising their rights
Final Thoughts
The Right to Disconnect marks a cultural and legal shift in how Australian workplaces balance productivity with personal wellbeing. For employers, it’s an opportunity to foster respectful, sustainable work environments. For employees, it’s a step toward reclaiming personal time without fear of reprisal.
If your business needs help updating policies or navigating disputes under the new laws, Miller Harris Lawyers is here to assist. Contact our employment law team for tailored advice.