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Work-life balance is something workers in Australia have long strived for, and the “Right to Disconnect” is a significant step toward setting clearer boundaries between work and personal life. Under recent legislation, this new right provides employees the ability to refuse out-of-hours contact in certain circumstances, safeguarding time spent outside the workplace. Here’s what employees should know about this pivotal change.
What is the Right to Disconnect?
The “Right to Disconnect” protects employees from being obligated to monitor or respond to work-related communications (such as emails, phone calls, or messages) outside of their standard working hours. This provision was introduced as part of Australia’s federal employment law changes and started in August 2024 for non-small-business employees, with small business employees set to follow suit in August 2025.
Embedded in the Fair Work Act 2009, this right also requires modern awards and enterprise agreements to include terms addressing the Right to Disconnect, ensuring consistency across workplaces.
It’s important to note that while your employer or clients can still attempt to contact you outside working hours, the key distinction is that you can lawfully refuse that contact in situations where such refusal is reasonable.
How Does the Right to Disconnect Work?
Can You Refuse Contact?
Yes—under the Right to Disconnect, employees can refuse to monitor or respond to communication outside of working hours unless it is unreasonable to do so. This includes responding to calls, emails, or messages unless the refusal is unjustified. Here are some examples where refusal may not be considered reasonable:
- If you’re compensated for being “on-call” or your employment contract includes provisions requiring availability outside work hours.
- Emergencies that demand immediate attention may override the Right to Disconnect.
- Legal obligations that necessitate monitoring or responding to contact outside usual hours.
Personal circumstances also play a role. For instance, an employee with caregiving responsibilities or without senior-level duties might reasonably refuse to engage in after-hours communication.
Does This Mean Employers Can’t Contact You?
No, the law doesn’t make it illegal for employers or clients to reach out to you; instead, it grants provisions for employees to refuse out-of-hours communication under reasonable circumstances. For example, you may choose not to check emails or reply to contact while outside the workplace without repercussions—provided the refusal is justified.
Implications of Exercising the Right to Disconnect
If you decide to exercise the Right to Disconnect, several factors may shape the outcome. These include the type of work you do, your salary, the terms of your modern award or enterprise agreement, and what is stated in your employment contract.
What If Refusal Leads to Disputes?
Should your refusal to monitor or respond to communication outside of work hours result in issues such as disciplinary action or even termination, your employer may be in breach of workplace laws—provided your refusal was deemed reasonable.
If a disagreement arises, either party may take the matter to the Fair Work Commission. This body can mediate or decide on disputes, potentially issuing orders such as directing the employer to cease disciplinary action or requiring the employee to monitor out-of-hours contact in cases where refusals were determined unreasonable.
Why the Right to Disconnect Matters
Australia’s adoption of the Right to Disconnect aligns with international trends, following similar legislation introduced in countries like France and Ireland. The changes reflect growing concerns about blurred boundaries between personal and professional lives—issues intensified by the workplace shift brought about during the COVID-19 pandemic.
With these legal protections in place, employees can better prioritize their well-being without fear of being penalized for electing to disconnect at appropriate times.
Get Expert Guidance
Understanding and effectively exercising your workplace rights can be complicated. If you’re considering exercising your Right to Disconnect, or if you’ve faced adverse actions after refusing out-of-hours contact, seeking advice from an experienced employment lawyer is crucial.
Our team can assist you in navigating this new frontier of workplace protections. Whether you need to know where you stand or assistance in resolving a dispute, we’re here to help.
Contact us today to schedule a consultation and ensure your rights are safeguarded.