Navigating the Right to Disconnect: Tips for Employees and Employers
Understanding the Right to Disconnect
Definition of the Right to Disconnect
In Australia, most employees now have a workplace right to refuse to monitor, read or respond to work contact (or attempted contact) outside their working hours, including contact from clients or other third parties unless refusing would be unreasonable. Independent contractors are not covered by this right.
What counts as “contact”? Calls, emails, texts, messaging apps (e.g. Teams/Slack), and similar channels. The law doesn’t ban employers from contacting staff, rather it gives employees a right to refuse when it’s reasonable to do so.
Importance for Work–Life Balance
Clear boundaries reduce fatigue and unpaid overtime, and support healthier, more sustainable performance. Under work health and safety principles, excessive job demands and poor work scheduling are recognised psychosocial hazards that can harm mental health, another reason to manage after‑hours contact well.
Right to Disconnect Laws in Australia
Overview of Current Legislation
The right to disconnect sits in the Fair Work Act 2009 (Cth) (inserted by the Closing Loopholes No. 2 reforms). It applies to national system employees (i.e., most Victorian workplaces, including most of the public sector and local government). The Commission has also added a right‑to‑disconnect clause to all modern awards.
Disputes should be discussed at the workplace first. If unresolved, either party can go to the Fair Work Commission (FWC), which can make orders, e.g, to stop an employer from requiring unreasonable after‑hours contact or to stop an employee from unreasonably refusing contact. Breaching an FWC order can lead to court‑imposed civil penalties.
Right to Disconnect Laws Effective Dates
26 August 2024, Applies to employees of non‑small business employers (15+ employees).
26 August 2025, Applies to employees of small business employers (fewer than 15 employees).
Small business test (Fair Work Act), that is, fewer than 15 employees, counting associated entities. regular and systematic casuals are counted.
As a referred State, most Victorian public sector and local government employees are in the national system (with narrow exclusions at senior/ministerial levels and some law‑enforcement termination matters). Private sector workplaces are also covered.
Employee Rights and Responsibilities
Implications for Employees
You may decline after‑hours contact (or attempted contact) from your employer or a work‑related third party when it’s reasonable to do so. Refusing is unreasonable if a law requires the contact (e.g. a legal mandate to respond). Otherwise, “reasonableness” turns on factors such as:
the reason for the contact,
how the contact is made and how disruptive it is,
whether you’re compensated to be available or to work outside ordinary hours,
your role and level of responsibility, and
your personal circumstances (e.g., family or caring responsibilities).
You’re also protected by general protections, meaning, employers must not take adverse action (e.g, demotion/dismissal) because you exercised this workplace right.
Communicating Boundaries (practical tips)
Agree on typical response windows and escalation paths for genuine emergencies. Put it in writing (email or policy).
Calendar blocks and “Do Not Disturb” outside hour and set email footers noting standard response times.
If you are on‑call or acting in a higher‑duties role, confirm allowances/comp time and what counts as “urgent.”
If patterns of disruptive contact emerge, discuss them with your manager and refer to the right‑to‑disconnect policy. If unresolved, consider FWC processes.
Employer Obligations and Best Practices
Implementing Right to Disconnect Policies
Identify routine, urgent, and legal‑obligation contacts. Build escalation trees for critical incidents.
Link urgency to genuine risks (e.g, patient safety, system outages) and specify who may initiate after‑hours contact.
If after‑hours availability is inherent in a role, reflect it in contracts or enterprise agreements and apply the right allowances/call‑back/overtime. Ensure your modern award terms are followed.
Publish a short policy or team charter covering contact channels, expected response times, and examples of what is (and isn’t) reasonable.
Set an internal process first and if unresolved, either party may apply to the FWC. Note that contravening an FWC order can expose the business to civil penalties.
Use on‑call rosters and clear escalation to limit broad “always‑on” expectations and document why contact is necessary and how compensation applies. Reasonableness includes role, responsibility and disruption.
Training for Management and Staff
Train leaders to decide when after‑hours contact is truly necessary and how to weigh reasonableness factors. The FWO offers short courses and guidance on difficult conversations and consultation.
Explain the law, share examples, and rehearse “what if” scenarios (e.g, a 10pm outage vs. a routine next‑day query).
Log after‑hours contact for a few weeks post‑rollout and review hotspots and adjust staffing or processes.
Mental Health at Work
Impact of After‑Hours Communication on Mental Health
Persistent out‑of‑hours demands can elevate stress and contribute to burnout. Safe Work Australia recognises high job demands and poor work scheduling as psychosocial hazards that must be managed.
Guidance for Employees (Quick Checklist)
Know your ordinary hours, award/agreement terms, and any on‑call arrangements.
Use a status line or email footer to set expectations about response times.
If you believe contact is unreasonable, say so respectfully and propose a next‑day response.
If issues persist, follow your internal dispute process, then consider the FWC pathway.
Guidance for Employers (Quick Checklist)
Confirm coverage & dates (small vs non‑small business). Fair Work Ombudsman
Update policies/contracts to reflect the right, on‑call rules and allowances. Fair Work Commission
Train managers on reasonableness factors and escalation. Fair Work Ombudsman
Consult staff, pilot, and measure after‑hours contact to identify hotspots.
Document a dispute pathway and be ready to engage with the FWC if needed. Fair Work Ombudsman
FAQs
Does this apply in Victoria?
Yes. Most Victorian employers and employees are in the national Fair Work system (including most of the public sector and local government), so the right applies in Victoria, subject to limited public‑sector exclusions at senior/ministerial levels and some law‑enforcement termination matters. Fair Work Commission+1
What if my job genuinely requires after‑hours availability?
That should be clear in your contract/award or enterprise agreement with appropriate compensation. Reasonableness explicitly considers your role, responsibilities and compensation. Fair Work Ombudsman
Can I be disciplined for not replying after hours?
Employers must not take adverse action because you exercised the right to disconnect. If disputes arise, start internally and if unresolved, the FWC can make orders. Breaching an FWC order can lead to civil penalties imposed by a court. Fair Work Ombudsman+1
We’re a small business. When did this start?
For small business employers (fewer than 15 employees), the right began 26 August 2025.
Conclusion
Recap of Key Points
The right to disconnect allows employees to refuse unreasonable after‑hours contact from employers or work‑related third parties. Fair Work Commission+1
It applies in Victoria through the national Fair Work system (with limited public‑sector exceptions). Fair Work Commission
Effective dates are 26 Aug 2024 (non‑small business) and 26 Aug 2025 (small business). Fair Work Ombudsman
Disputes go to the FWC if they can’t be resolved in‑house and FWC orders are enforceable. Fair Work Ombudsman+1
Future of Right to Disconnect
Expect evolving case guidance from the Fair Work Commission as disputes are decided, plus continuing integration with award clauses and workplace mental‑health strategies (psychosocial hazard controls). Staying proactive through policy, training and consultation will minimise risk and improve work‑life balance. Fair Work Commission
Need help? This article is general information, not legal advice. For tailored guidance, speak with NorthBridge Legal, your employment lawyer / workplace relations lawyer in Melbourne.
