Right to Disconnect

With the increasing availability of digital communications, many employees find themselves in a position of being constantly bombarded with emails, calls and text messages – even when they’re off the clock.

Under the Closing Loopholes (Part 2) legislation, which passed the Parliament on February 12, 2024, most Australian employees will soon enjoy the Right to Disconnect.

For workers, that means that you will soon have extra rights when it comes to being contacted after-hours or being requested to monitor emails or phone calls when you’re not at work.

This important reform will help to protect employees’ personal time and allow workers to take the time they need to refresh and look after their mental and physical health.

Frequently Asked Questions

What is the right to disconnect?

From August 26, 2024 (or August 26, 2025 for small businesses), the Fair Work Act will give most employees to the right to refuse to monitor, read or respond to contact (or attempted contact) from an employer outside of the working hours – unless such refusal is unreasonable.

The right also extends to contact by third parties where the contact relates to work.

Who is covered by the Right to Disconnect?

The Fair Work Act, which contains the Right to Disconnect laws, covers most Australian employees*.

Workers who already have a stronger right to disconnect in their employment agreement than the right provided in the Fair Work Act will retain the existing right.

What is reasonable after-hours contact from an employer?

There are occasions, such as emergencies, when an employer can contact a worker after-hours. Additionally, in some roles, some amount of after-hours contact will be reasonable (and a refusal will be unreasonable).

The Fair Work Act provides some factors that may help to determine if refusing contact is unreasonable. These include:

• The reason for the contact
• The method of contact and the level of disruption it causes (for example, an email is less than disruptive than an SMS or phone call).
• Whether the employee is paid to be available, or is paid for additional hours worked.
• The nature of the role and the level of responsibility held by the employee.
• The employees’ personal circumstances (including family or caring responsibilities).

If you feel that a request to monitor, read or respond to after-hours communication would be reasonable in your circumstances, you can discuss the matter with your employer or, if you’re a member, your union.

How do I use the right to disconnect?

The first step to accessing the right-to-disconnect is to raise the matter with your employer. This may be in the form of a reasonable refusal to perform certain  after-hours tasks or a reasonable refusal to monitor, read or respond to after-hours contacts. Your Union may be able to assist with this first step.

If the issue can not be resolved in the workplace, an application can be made to the Fair Work Commission who can make an order to the Employer to comply with the Right to Disconnect legislation.

Can I be fired for ignoring after-hours work calls?

It is important to note that while the Right to Disconnect laws will offer employees more protection, the right is limited to circumstances where the refusal is reasonable. You may still be subject to disciplinary action if you refuse to follow a reasonable request from your employer. If you’re a member, your union can provide specific advice for your situation.

* National System Employees