Starting today, employees and employers of non-small businesses in Australia have a new right to disconnect from work outside of working hours.
The Fair Work Ombudsman announced that employees can now refuse to monitor, read, or respond to work-related contact outside their scheduled hours unless such refusal is deemed unreasonable.
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This includes any communication from employers or third parties.
Factors determining whether a refusal is unreasonable include:
- the reason for the contact
- the nature of the employee’s role and level of responsibility
- the employee’s personal circumstances
- how the contact is made and how disruptive it is to the employee; and
- any relevant extra pay or compensation they receive for working additional hours or remaining available to work out of hours
Fair Work Ombudsman Anna Booth the organisation encourages workplace participants to educate themselves on the right to disconnect.
“All modern awards now include a ‘right to disconnect’ term. This means that specific rules are now in awards for how the new right applies to different industries and occupations,” Ms Booth said.
For employees who work in companies with fewer than 15 people, the right to disconnect will take effect on August 26, 2025.
“Like most employment matters, any dispute should first be discussed and sought to be resolved at the workplace level.”
Employers who fail to comply with Commission orders related to this right could face significant penalties, up to $18,780 for individuals and $93,900 for corporations per violation.
The right to disconnect does not prevent necessary contact across time zones but protects employees from unreasonable demands outside work hours.
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