Beginning on 26 August 2024, employees of businesses with 15 or more staff now have the legal right to disconnect, as outlined in section 33 of the Fair Work Act 2009 (Cth).
It’s important to clarify that these new laws do not entirely prevent employers from contacting employees outside of work hours. Instead, they empower employees with the choice to engage — or not — with calls, emails, and other work-related communications outside their scheduled hours.
For employees, this means they can lawfully refuse to be contacted outside of work hours, as long as their refusal is deemed reasonable. However, this new law introduces a layer of uncertainty for employers, as the interpretation of what constitutes a “reasonable” refusal may vary and lead to potential conflicts.
Further details about the right to disconnect can be found in our earlier blog post here.
Fair Work Ombudsman, Anna Booth, has stressed the importance of open communication between employers and employees regarding after-hours contact, urging both parties to set expectations that align with their specific workplace dynamics and the employee’s role.
Ms Booth also encouraged all workplace participants to educate themselves on the “right to disconnect” and to apply it thoughtfully. She emphasized the need for employers to consult with employees and their unions when developing workplace policies.
She further noted that all modern awards now include a “right to disconnect” clause, which provides industry-specific guidelines on how this right applies. Should disputes arise, Ms Booth recommended that they be addressed at the workplace level first, with the Fair Work Commission stepping in only if necessary.
While employees have welcomed the right to disconnect as a way to reclaim their personal time, the true impact of these laws will only become clear as cases begin to emerge in the Fair Work Commission and the courts. In the meantime, employers are advised to review and update their workplace policies and to approach any related employee conduct with care, keeping the new laws in mind.
The new laws will apply to a small business, defined in the Fair Work Act 2009 (Cth) as a business with less than 15 employees, from 16 August 2025. Small business owners can make sure they are prepared for the commencement of the right to disconnect laws by keeping up to date with developments in this area of law.
