Right to disconnect

Eligible employees will have the right to refuse employer or third-party contact outside of working hours.

On this page:

• Right to disconnect
• Awards and right to disconnect
• Disputes
• Protections
• Tools and resources
• Related information

Right to disconnect

Eligible employees will have a new ‘right to disconnect’ outside of work hours.

Employees will have the right to refuse contact outside their working hours unless that refusal is unreasonable. This means an employee can refuse to monitor, read or respond to contact from an employer or a third party.

The right also covers attempted contact outside of an employee’s working hours.

Several factors must be considered when determining whether an employee’s refusal is unreasonable. This includes:

• the reason for the contact
• whether the employee is compensated or paid extra for:
  • being available to be contacted to perform work within a specific period, or
  • working additional hours outside their ordinary hours of work
• the nature of the employee’s role and level of responsibility
• the employee’s personal circumstances, including family or caring responsibilities.

Other matters may also be considered.

Awards and right to disconnect

All awards will be required to include a ‘right to disconnect' term by 26 August 2024. This means that specific rules will be added to awards to explain how the new right will apply to different industries and occupations.

Learn more at Variation of modern awards to include a right to disconnect.

Disputes

Disputes about an employee’s right to disconnect should first be discussed and resolved at the workplace level.

If that isn’t possible, employees or employers can go to the Fair Work Commission (the Commission) to deal with a dispute.

The Commission can:

• make a stop order
• deal with the dispute in other ways (for example by holding a conference to try to resolve the dispute), or
• do both of the above.

You can read more at the Commission’s Right to disconnect disputes page.

Protections

The right to disconnect will also be a workplace right under general protection laws. These laws are protected rights all employees receive under the Fair Work Act.

Tools and resources

• Closing Loopholes – Visual snapshot
• Fair Work Commission – Understanding the right to disconnect information sheet

Related information

• Hours of work, breaks and rosters
• Closing Loopholes
• Fair Work Commission - Right to disconnect disputes
• Fair Work Commission - Variation of modern awards to include a right to disconnect

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Article taken from Right to disconnect - Fair Work Ombudsman

Published 12 April 2024 | Updated 31 July 2024