Right to disconnect in Australia and what you need to know

It started with France in 2017, now Australia has become the latest country to enact legislation to protect employees from after-hours work demands. Commonly referred to as the “right to disconnect”, the premise is to ensure that employees are not obligated to work outside their normal work hours and that they cannot be penalised if they do not respond to communications outside their normal work hours. 

Implementation is different between countries with some focused on remote workers, as technology has led to more of an always-on workplace culture, and others applying it to all workers, or to employers based on the size of their workforce, ie. 25+ employees, 50+ employees. Since France in 2017, other countries that allow employees the right to disconnect are Italy, Spain, Argentina, Ireland, Portugal, Belgium, Canada and Australia. There are currently discussions on employee protections in the United Kingdom, and the European Union (EU) Parliament is in the consultation stage of potential changes related to the right to disconnect.

What is the right to disconnect law in Australia?

The right to disconnect in Australia is legislation that was passed in August 2024, as part of amendments to the Fair Work Act 2009. This amendment formalises an employees workplace right to disconnect outside their working hours, by refusing to monitor, read or respond to contact or attempted contact from:

• their employer, or

• another person if the contact or attempted contact is work-related (ie. contact from customers, suppliers, colleagues, partners, members of the public or any other work-related third parties).

unless the employee’s refusal is unreasonable.

In considering what is an unreasonable refusal by an employee to be contacted, there are many factors to assess, these include the reason for the contact, how the contact is made, the employee’s role, and in practise whether another employee that is working at the time, could satisfactorily complete the required work.  

Managing expectations between employers and employees

It is recommended that employers and employees discuss the new law about contacting employees after hours, to ensure that there are clear expectations that align to both the company and the employee’s role. Encouraging open communication on the topic can help prevent workplace disagreements from occurring or escalating in seriousness.

Discussions about contacting employees out of hours may cover topics including:

• When is the employee expected to monitor and respond to work-related contact

• What is preferred method of contact out of hours

• Who needs to be made aware of the agreed out of hours contact process

• How has the process been documented and shared with all parties

• When should the process be reviewed

Has the right to disconnect bill been passed?

The right to disconnect legislation came into effect in Australia on 26th August, 2024 for most employers, although small businesses have 12-months, until 26th August, 2025 before they must comply. 

The definition of a small business in the Fair Work Act 2009, is a business that employs fewer than 15 people. This is based on the number of individuals employed, regardless of whether they are part-time, full-time or casual employees.

How does 8seats help employers and employees comply with the right to disconnect?

When 8seats is implemented by an employer, it provides a dedicated workspace for work-related communications. Employees are no longer receiving work-related messages and communications in their personal messaging applications, ie. WhatsApp, iMessage and SMS.

It is worth noting that this Australian law gives workers a right to disconnect, however it does not make it unlawful for an employer to attempt to contact an employee outside their working hours. The right to disconnect, gives the employee a right to refuse the contact from their employer, unless doing so is unreasonable. 

8seats is developing features that help employers comply with the right to disconnect laws by allowing them to set rules specific to their business and requirements. These features include:

• Hours of availability for messages and communication at a company or team level

• Customisable permissions for notifications and alerts

• Real-time status to ascertain whether an employee is online or offline at a point in time

Please contact us if you would like to discuss your team messaging and communication requirements and to learn more about 8seats.  

Frequently asked questions about the right to disconnect:

Why has the right to disconnect in Australia been implemented?

The right to disconnect has been introduced to ensure that employees can protect their mental health, maintain an appropriate work-life balance and increase overall productivity with a healthier and happier workforce. 

Does the right to disconnect mean that an employee never needs to work outside their regular hours?

No, there are a number of factors to be considered. These include, but are not limited to, how much an employee is compensated or paid extra for working hours outside their normal hours, the employee’s role and the associated responsibilities and the employee’s personal circumstances and any previous arrangements with the employer. 

Does this legislation extend to remote workers that are not based in an office or on-site?

Yes, the right to disconnect is a workplace right under the Fair Work Act that gives all employees in Australia protected rights at work.

Can I refuse to use my personal phone for work? 

Check your employment contract and company policies to understand what has been agreed in relation to using your personal phone for work. Depending on the workplace and how essential to your role a phone is, employers may include a provision in your employment contract related to the use of your personal phone for work-related matters, provide a company phone, offer expense reimbursement for work-related phone use and agree to reasonable hours of contact.

What do you do if a dispute arises between an employee and employer about the right to disconnect?

To learn more about the right to disconnect in Australia, you can contact the Fair Work Infoline on 13 13 94. In relation to a dispute regarding the right to disconnect, employees and employers in Australia can contact the Fair Work Commission. The easiest way to contact the Fair Work Commission is to call them on 1300 799 675.