Right to Disconnect: What Australia’s New Law Means for Businesses and Employees

In a world that’s full of competing distractions and demands, it’s important to be able to switch off. However, many employees feel an obligation to remain connected to their work through email, phone, Teams, and other channels.

Here, we will explain the implications of the right to disconnect laws that were first introduced in August 2024. Having the right to disconnect in Australia means that you can’t be penalised for silencing your notifications outside of working hours. Learn more about the specifics of this law and discuss how it might affect your situation.

What is the right to disconnect?

The right to disconnect law in Australia gives employees the ability to refuse work-related contact outside of their normal working hours, in certain circumstances.

Within this legislation, “contact” is defined as:

• Phone calls
• Text messages
• Emails
• Alerts from messaging apps such as Microsoft Teams or Slack

Essentially, it gives employees the legal right to disconnect after their contractual hours have finished. The law is designed to help the Australian workforce establish a better sense of balance between their work and personal lives, and to minimise instances in which they feel obligated to work unpaid overtime.

Who does the new law apply to?

The new right to disconnect law was introduced on 26 August 2024, and from August 26 2025 it came into effect for small businesses (with 15 or fewer employees). It stipulates that Australian workers have the right to refuse to monitor, read, or respond to work-related contact outside of their regular working hours, unless doing so is unreasonable. 

If you’re a business owner, it’s recommended that you make time to discuss out-of-hours contact with your staff to set expectations and make sure everyone is on the same page. Before you do this, we recommend reading the right to disconnect fact sheet provided on the Fair Work Australia website.

Right to disconnect legislation: Why it matters

In Australia, the right to disconnect law will help to protect workers from working unpaid overtime. Here’s why this legislation is important:

• It aims to address issues for employees such as burnout and stress. 
• It will reinforce clearer boundaries between an employee’s work and personal life.
• It supports fair work practices by ensuring employees aren’t expected to perform unpaid labour outside their agreed hours.

This law has the support of the Diversity Council Australia and the Australian Council of Trade Unions. As more families face cost-of-living pressures, it should help to make Australia a fairer place to live and work.

What counts as a reasonable vs unreasonable refusal?

In this section, we’ll outline three scenarios that will illustrate how the right to disconnect law is expected to apply in practice.

Scenario 1: Bookstore employee

Peter works at a bookstore in Sydney. One Saturday evening, he finishes his shift and heads home. An hour later, he gets a text from the bookstore owner saying that the shop security alarm has been activated because the front door was left unlocked. 

Peter’s phone is on silent, and he doesn’t respond to his boss.

Right to Disconnect: Unreasonable.

Because securing the front door of the bookshop before he leaves is a part of Peter’s role, his refusal to respond to contact from his boss in this instance is unreasonable. 

Scenario 2: Healthcare worker

Jane is a registered nurse who works at a hospital in Melbourne. On this day, she finished her shift at the usual time of 6:00 pm and went home. At 8:00 pm that evening, she received a group text from her supervisor, asking if someone can cover a shift the next day because another nurse is unwell. 

Jane reads the text, but decides not to respond because she’s no longer on duty, and she has to attend university the next day. 

Right to Disconnect: Reasonable

Jane’s response was reasonable, because the right to disconnect law means she doesn’t have to respond to messages sent outside of her work hours unless it’s an obligation of her employment, or an emergency. 

Scenario 3: Operations supervisor

Amelia is an operations supervisor for a mid-sized manufacturing business. Her rostered hours are 8:00 am to 5:00 pm. At 7:00 pm, a team leader calls to report a machinery fault that occurred after hours. The fault could disrupt production the following morning and needs to be addressed.

Amelia sees the call but doesn’t answer, as she is preparing dinner for her family. She also believes the matter isn’t urgent enough to justify after-hours contact.

Right to Disconnect: Mediation Required

Because the issue involves workplace safety and operational risk, refusing to respond could be considered unreasonable. As an operations supervisor, Amelia has responsibilities that extend to equipment and safety compliance. However, she isn’t compensated for on-call duties and could argue her refusal was reasonable.

Her caring responsibilities at the time may also support her decision not to respond.

Common myths and misconceptions

Next, let’s take a look at some of the myths and misconceptions surrounding the right to disconnect policy.

Myth 1: An employer cannot contact an employee outside of their working hours

It’s not quite true that an employer can’t contact their employees outside of their working hours. The new law doesn’t stop employers from reaching out after hours—this is still lawful. However, employees have the right to ignore or decline work-related contact outside of their agreed hours, unless refusing would be considered unreasonable. 

For example, if there’s a genuine emergency or urgent safety issue, an employee may still be expected to respond. In everyday situations, however, employees are not obliged to monitor, read or reply to calls, texts or emails outside their working time.

Myth 2: An employee who is on call or working overtime has the right to disconnect and does not need to answer calls 

This is not correct. If an employee is rostered for overtime or formally on call, they can be required to monitor, answer or respond to calls during that period. The right to disconnect only applies outside of agreed working hours. Employees should carefully check their employment contract or award to confirm whether on-call arrangements or overtime conditions apply to them, as these determine when the law is relevant.

Myth 3: If an employee’s contract includes reasonable additional hours, they cannot use their right to disconnect

Not true. Even if an employment contract includes “reasonable additional hours”, workers still have the right to disconnect outside their agreed hours. The legislation gives employees the ability to decline contact unless refusing would be considered unreasonable, such as in the case of an urgent matter or genuine emergency. What is deemed “reasonable” will depend on the circumstances, but the right to disconnect remains a protection available to all employees.

How will the right to disconnect affect your business?

The introduction of the right to disconnect law makes it more important than ever for businesses to set clear expectations around communication. Employers and employees will need to agree on what types of contact outside of working hours are considered reasonable (such as, for instance, urgent safety matters) and what should wait until the next shift. 

Taking the time to review contracts and team communication practices now can help avoid misunderstandings later and ensure your business stays compliant. It will also support healthier work-life boundaries for a team that’s energised and motivated.

Consequences for employers

Employers who fail to comply with the right to disconnect laws could face serious penalties. Under the legislation, businesses that repeatedly require employees to monitor, read, or respond to work-related communications outside of agreed working hours, without reasonable justification, may be liable for fines of up to $18,000.

Non-compliance can also lead to workplace disputes, which may need to be resolved through the Fair Work Commission if internal discussions do not resolve the issue. Beyond legal penalties, ignoring the law can affect employee morale and retention, making it crucial for businesses to implement clear policies and communication practices that respect work-life boundaries.

How to discuss out-of-hours contact

When talking to your employees about out-of-hours communication, you should consider the following:

• Clarify expectations: Outline when your employee may reasonably be expected to monitor, read, or respond to work-related contact outside normal hours.
• Pay and conditions: Ensure any compensation, overtime, or on-call arrangements are clearly explained and aligned with employment contracts or awards.
• Preferred contact channels: Specify which methods are acceptable for out-of-hours communication (e.g., phone, email, messaging apps).
• Awareness: Make sure all relevant team members and supervisors understand the arrangements.
• Review schedule: Agree on how frequently out-of-hours contact arrangements will be reviewed and updated.
• Training: Provide guidance for supervisors and employees on how to manage and respect the right to disconnect.
• Policy updates: Review and, if necessary, update internal policies, procedures, and documents to reflect out-of-hours expectations.
• Recording arrangements: Keep a written record of agreed arrangements to avoid misunderstandings and provide clarity for all parties.

Right to disconnect disputes

This right to disconnect news story specifies that disagreements between employers and employees should first be discussed within the workplace. Open communication between employees and managers can often clarify expectations and prevent misunderstandings before they escalate.

If an internal resolution isn’t possible, either the employee or the employer can escalate the matter to the Fair Work Commission. The Commission can review the circumstances and provide guidance or rulings to ensure that both parties’ rights and responsibilities under the law are respected.