As of today, 26 August 2024, the Right to Disconnect laws are being introduced to the Fair Work Act 2009. This landmark change grants eligible employees the right to disengage from work outside of their regular working hours, placing new obligations on employers to respect these boundaries.
For small business employers, these changes will take effect on 26 August 2025.
What the Law Actually Says
The Right to Disconnect law provides employees with the autonomy to refuse work-related contact outside their established working hours. This includes the right to disregard communications from employers or third parties unless responding is deemed reasonable under the specific circumstances. Importantly, this right encompasses both direct communication and any attempts at contact.
The Penalties
These penalties apply per contravention of a Fair Work Commission order regarding the right to disconnect.
When Is a Refusal Unreasonable?
There are certain factors that must be considered when determining whether an employee's refusal to engage is unreasonable. These include:
- The reason for the contact
- The method and disruptive nature of the contact
- Compensation or additional payment provided to the employee for being available or working extra hours
- The employee's role and level of responsibility within the business
- The employee's personal circumstances, including family or caregiving responsibilities
What the Law Does Not Do
While the Right to Disconnect empowers employees to protect their personal time, it does not completely prohibit employers from contacting their employees outside of working hours. Employers may still reach out for work-related matters — however, the employee has the right to choose whether to respond, unless there is a compelling reason requiring their immediate attention.
Similarly, the law does not prevent employees from contacting each other, even across different time zones. The key focus is to ensure that employees are not obligated to respond to work-related communications during their personal time unless it is reasonable to expect them to do so.
What Employers Must Do Now
Following this change, all modern awards must incorporate a Right to Disconnect clause. These clauses will provide industry-specific guidance on how the new rights apply, ensuring that the rules are effectively tailored to different sectors.
To align with these changes, employers should take the following steps:
- Review and update workplace policies to reflect the new obligations
- Clearly communicate with employees about their rights under the new law
- Integrate any industry-specific award variations into operational practices
- Train managers and team leaders to understand the boundaries of after-hours contact