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In August 2024, Australia implemented the first wave of ‘right to disconnect laws’ for employees of non-small businesses. In August 2025, the same rights were extended to employees of small businesses as well. According to the Fair Work Commission (FWC), these laws give employees “the right to refuse to monitor, read or respond to contact (or attempted contact) outside their working hours, unless doing so is unreasonable. This includes contact (or attempted contact) from an employer or a third party.”
Why Are These Laws Necessary?
The right to disconnect laws are a result of the proliferation of technology and the paradigm shift brought about by the COVID-19 pandemic. Starting in 2020, employees worldwide began working remotely as a response to lockdowns and other measures. One outcome was “availability creep,” whereby employees felt compelled to be available for work-related matters at all times. As the line between the personal and professional began to blur, more employees reported increased levels of stress and burnout.
Even after the pandemic restrictions were lifted, constant availability became the new norm for many businesses. The right to disconnect laws aim to mitigate the prolonged pressure of constant availability through legal means. While these laws don’t prohibit employers from contacting an employee outside of business hours, they do give that same employee the right to “refuse to monitor, read or respond to the contact, unless doing so is unreasonable.”
What is ‘Unreasonable’ Refusal?
In Australia, the right to disconnect laws provide a legal basis for employees to ignore work-related matters when they are not on the clock. However, there are conditions in which an employee’s refusal to communicate can be deemed “unreasonable.” In an ideal scenario, these conditions are outlined in company policy, and they should entail some form of compensation upon compliance.
Regarding an “unreasonable” refusal to communicate, the FWC offers the example of an associate at a small architecture firm named Elizabeth. When her manager is away, Elizabeth assumes more responsibilities, complete with increased pay. In preparation, she has been given a copy of the firm’s out-of-hours contact policy and asked if she has any questions. One night, there’s an urgent matter that requires immediate action, and the firm sends out multiple messages. Elizabeth receives the messages around 8 PM and deems it too late to respond. Under these circumstances, her refusal to communicate is considered “unreasonable.”
Barring ‘unreasonable’ refusals, the right to disconnect laws provide a legal framework for employees to protect their non-work hours. When speaking to ABC, Sally McManus, secretary of the Australian Council of Trade Unions (ACTU), described the legislation as a clear victory. “Workers have got a brand new right,” she said. “What that basically means is your employer can’t harass you after work.”
The right to disconnect laws apply not just to employers but also to third parties, such as clients, employees at other businesses, and members of the general public. Means of contact encompass a full spectrum of modern communication channels, including calls, emails, texts, social media, and other digital platforms.
What Now For Australian Businesses?
The FWC has released its guidelines, but the practical application of the law is still being established. Despite initial concerns of widespread disputes, the Fair Work Commission’s 2024-25 annual report revealed that only seven formal applications were lodged under the “right to disconnect” provisions. Industry experts suggest this low number is because employers have been proactive in updating policies, and that the right is more commonly being used as leverage in broader adverse action or dismissal claims, such as the ongoing Michelle Martin v Cairns Rudolf Steiner School case, rather than as a standalone “stop order” request.
Major industry bodies have expressed significant concerns about the law’s impact. The Australian Chamber of Commerce and Industry (ACCI) warned in its parliamentary submission that the legislation “will severely limit the capacity of employers to get in contact with their employees” and has the “potential to curtail business operations,” arguing that the provisions should be repealed entirely. Similarly, the Business Council of Australia (BCA) was highly critical, with parliamentary reports noting the law “will do nothing to grow productivity or create jobs,” highlighting the ongoing public debate between protecting worker wellbeing and ensuring business competitiveness.
In the meantime, similar laws have been implemented in over 20 countries worldwide and have reportedly yielded positive outcomes.
With the Right to Disconnect laws in place for both small and large businesses, Australians can draw a clear line between their personal and professional lives. As some studies have shown, the resulting balance may improve productivity across the board. Regardless, the legislation couldn’t have come a moment too soon for legions of employees throughout Australia.
Right to Disconnect General FAQs
If an employee believes their employer is contacting them unreasonably outside of working hours and a dispute cannot be resolved internally, the employee can apply to the Fair Work Commission (FWC) for a “stop order.” The FWC will first try to resolve the issue through mediation or conciliation. If that fails, the FWC can issue a binding order to stop the unreasonable contact.
Businesses should update their employment contracts and workplace policies to define expectations clearly. This includes outlining what constitutes “reasonable” contact (e.g., genuine emergencies), specifying compensation for on-call hours, and training managers on the new legal boundaries. The FWC provides guidelines to help businesses, particularly small businesses, develop compliant policies.
A refusal to respond is considered “unreasonable” if the contact is required by law, is for a genuine emergency, or if the employee receives compensation (such as an on-call allowance) to be available. The Fair Work Act lists factors such as the employee’s role, their personal circumstances (e.g., caring responsibilities), and the nature of the work to determine what is reasonable.
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