What is the Right to Disconnect?
Section 333M of the Fair Work Act 2009 gives employees the right to refuse to monitor, read, or respond to contact (or attempted contact) from their employer outside of their working hours — unless that refusal is unreasonable.
This includes phone calls, text messages, emails, Slack messages, Teams messages, and any other form of communication. It also covers contact from third parties (clients, customers) where the contact relates to the employee's work.
When it applies
| Business size | Effective date |
|---|
| 15+ employees (non-small business) | 26 August 2024 |
| Fewer than 15 employees (small business) | 26 August 2025 |
As of August 2025, every employing business in Australia is covered. Over 1 million additional workers gained this protection when the small business extension commenced.
What makes a refusal "unreasonable"?
The Act lists factors to consider when determining whether an employee's refusal is unreasonable:
- The reason for the contact — genuine emergencies vs routine matters
- How the contact is made and the level of disruption — a single text vs repeated calls
- Whether the employee is compensated for being available (on-call, overtime rates)
- The nature of the employee's role and level of responsibility
- The employee's personal circumstances — caring responsibilities, health
The practical test: If you're contacting an employee about something that could wait until their next shift, the contact is likely unreasonable. If there's a genuine emergency — a burst pipe, a safety incident, an urgent client matter — the contact is more likely reasonable. Context matters.
What employers must do
The law doesn't require you to create a specific policy (though you should). At minimum:
- Don't penalise employees who refuse unreasonable out-of-hours contact — any adverse action (discipline, reduced hours, poor treatment) is a contravention
- Review your communication practices — do managers routinely email or message staff after hours? This needs to stop unless genuinely necessary
- Update employment contracts — remove or revise any clauses requiring 24/7 availability unless the role genuinely requires it and the employee is compensated
- Consider on-call arrangements — if you need employees available after hours, set up formal on-call rosters with appropriate compensation
Dispute resolution
If there's a dispute about whether contact (or refusal) was unreasonable:
- The employer and employee should try to resolve it at the workplace level first
- If that fails, either party can apply to the Fair Work Commission
- The FWC can make orders including stop orders preventing the employer from contacting the employee (or preventing the employee from unreasonably refusing)
- Civil penalties apply for contravening FWC orders — up to $18,780 (individual) or $93,900 (body corporate)
Practical steps for compliance
- Draft a Right to Disconnect policy — define what constitutes after-hours contact, when exceptions apply, and how disputes will be handled
- Train managers — ensure all managers understand the law and adjust their communication habits
- Use scheduled sending — if you work late, schedule emails to send during business hours
- Define emergency protocols — clearly document what constitutes an emergency that justifies after-hours contact
- Review on-call arrangements — ensure on-call employees are properly compensated under their Award or agreement
- Audit your tools — check whether your systems (CRMs, project tools, monitoring software) send automated notifications after hours