Your Right to Disconnect

4 min read
KEY POINTS
  • New union-won laws mean you can ignore after-hours work calls & emails.
  • Learn your right to disconnect & how unions protect young workers.

Ever feel like your boss expects you to be on call 24/7? Getting work texts during dinner or emails at midnight? That’s officially not okay anymore.

Thanks to new union-won laws, Australian workers now have the right to disconnect from work outside their rostered hours. This is a massive win for your work-life balance, mental health, and personal time.

What Does “Right to Disconnect” Actually Mean?

From August 26, 2024 (or August 26, 2025 if you work for a small business), you have the legal right to refuse to:

  • Check work emails after your shift
  • Answer work calls when you’re off the clock
  • Respond to work texts or messages
  • Monitor any work communications outside your hours

And you can’t be punished for it – as long as your refusal is reasonable.

This applies to contact from your employer AND from other people (like customers or clients) if it’s work-related.

Am I Covered?

Most likely, yes! The Right to Disconnect covers the majority of Australian workers under the Fair Work Act (called National System Employees).

Already have disconnect rights in your contract? If your existing workplace agreement gives you stronger protections than the new law, you keep those better protections.

But What About Emergencies?

Look, we get it – sometimes work genuinely can’t wait. The law recognizes this.

Your boss can contact you after hours in genuine emergencies or if it’s reasonable for your specific role. Whether refusing contact is “unreasonable” depends on things like:

  • Why they’re contacting you – Is it actually urgent?
  • How they’re contacting you – An email is way less intrusive than repeated phone calls
  • What you’re paid for – Are you being paid to be on-call or for overtime?
  • Your job responsibilities – Do you have a senior role with specific on-call duties?
  • Your personal situation – Do you have caring responsibilities, study commitments, or other factors?

Not sure if a refusal is reasonable? This is exactly when having a union in your corner helps. They can give you specific advice for your situation.

How Do I Actually Use This Right?

Step 1: Talk to Your Boss

If you’re being expected to be available 24/7 or respond to after-hours contact, and you believe it is reasonable to refuse, raise it with your employer. This could mean:

    • Politely declining to do certain after-hours tasks
    • Not monitoring or responding to after-hours messages
    • Having a conversation about boundaries

Union members: Your union can help you with this conversation and make sure you’re protected.

Step 2: If That Doesn’t Work

If your employer won’t respect your right to disconnect, you (or your union) can apply to the Fair Work Commission. They can order your employer to comply with the law.

Can I Get Fired for Ignoring My Boss’s Texts?

Short answer: Not if you’re being reasonable.

Longer answer: The law protects you when your refusal is reasonable. You could still face consequences if you ignore genuinely urgent or reasonable contact. This is why it’s important to understand what “reasonable” means in your specific job.

This is where unions are crucial. They know the law inside-out and can advise you on your specific rights and help protect you if your employer tries to punish you unfairly.

The Bottom Line

Your time off should actually be time off. You deserve to clock out and switch off without worrying about work.

These rights didn’t just appear – unions fought hard to win them for workers like you. And unions are still here to help you use these rights and protect you at work.

Want to know more about how a union can help you? Want advice specific to your workplace? Join your union today.

Your right to disconnect is just one of many workplace rights that unions have won for Australian workers. Together, we’re stronger.


Are you already a union member?

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