New Right to Disconnect Laws

Employment Law: 06 June 2024

Author: Stephen Curtain - Our People

Businesses are required to comply with the new laws which give employees the right to disconnect outside working hours...

Businesses are required to comply with the new laws which give employees the right to disconnect outside working hours. The laws apply to businesses that are not small from 26 August 2024 and to small businesses from 26 August 2025.

The changes to the Fair Work Act give employees the right to refuse contact, including by phone, email or otherwise from their employer or a third party outside their working hours unless the refusal is unreasonable.

Whether a refusal is unreasonable will depend on a number of factors including:

• the reason for the contact, including its urgency;
• the nature of the employee’s role and level of responsibility;
• the method of contact. eg by phone or email, and the disruption caused;
• the extent to which the employee is compensated for:
• being available when contact is made or attempted, or
• working additional hours outside their ordinary hours of work
• the employee’s personal circumstances, including family or caring responsibilities.

If contact cannot be resolved either party can apply to the Fair Work Commission for a Stop Order to support their right to refuse or, for the employer, to stop the employee from unreasonably refusing to respond to contact.

Civil penalties apply for a failure to comply with a Stop Order and employees will be protected by the General Protections sections of the Act from being treated adversely eg by being terminated, for exercising their right to disconnect.  

Awards will include a ‘right to disconnect term’ by 26 August 2024, with specific rules to explain how this new right applies to different industries and occupations.

Employers should consider updating their work policies and practices to ensure the new requirements are provided for and complied with.