Right to Disconnect – Employee’s Right to Refuse Contact From Employer

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The Right to Disconnect is a workplace right under the Fair Work Act 2009 (Cth) that lets Australian employees refuse to monitor, read or respond to work-related contact from their employer, or from a third party on the employer’s behalf, outside their working hours, unless that refusal is unreasonable. It now applies to every employer in the national workplace relations system, having taken effect for larger employers on 26 August 2024 and for small business employers on 26 August 2025.

Since the right was introduced, Australian employees have had a clear, enforceable answer to a problem that grew during and after the pandemic: being expected to stay reachable for calls, emails and messages well outside paid working hours. The Right to Disconnect reshapes the power dynamic between employers and employees and gives legal weight to the idea that time off should actually be time off.

WHAT IS THE RIGHT TO DISCONNECT?

The Right to Disconnect was introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, which amended the Fair Work Act 2009 (Cth).

Under section 333M of the Act, an employee may refuse to monitor, read or respond to contact, or attempted contact, from their employer or from a third party about a work-related matter outside their working hours, unless the refusal is unreasonable (see the Fair Work Ombudsman’s guidance on the right to disconnect).

• Forms of contact covered include phone calls, emails, texts, social media messages and other messaging platforms.
• “Third party” can include clients, customers, staff from other businesses, or members of the public contacting the employee about work.

The right applies to all employees in the national workplace relations system (the Fair Work system). In Queensland, this covers private sector employees at businesses of any size, whether run by an individual or a company. The Right to Disconnect has also been written into every modern award and may appear in enterprise agreements and other registered agreements.

WHEN AN EMPLOYEE’S REFUSAL IS UNREASONABLE

The right to disconnect is not absolute. An employee’s refusal to engage with after-hours contact will not be protected if that refusal is unreasonable in the circumstances. The Fair Work Commission weighs up several factors when deciding whether a refusal was reasonable, including:

• the reason for the contact or attempted contact;
• how the contact was made and how disruptive it was to the employee;
• how much the employee is compensated for being available to work, or for working additional hours, outside their ordinary hours;
• the nature of the employee’s role and their level of responsibility; and
• the employee’s personal circumstances, including family or caring responsibilities.

A refusal will generally be unreasonable if the employee is legally required to read, monitor or respond to the contact. For example, an employee who is paid an on-call allowance would usually be expected to accept contact that is simply notifying them they are needed for work.

WHEN THE RIGHT TO DISCONNECT STARTED

The Right to Disconnect commenced in two stages, and both are now in effect:

• 26 August 2024 for non-small business employers and their employees. A non-small business employer is one with 15 or more employees at a given time, counting employees of associated entities and regular casuals.
• 26 August 2025 for small business employers and their employees. A small business employer has fewer than 15 employees, counting full-time, part-time and regular casual staff.

As of today, every employer covered by the national workplace relations system, regardless of size, must comply with the Right to Disconnect (confirmed by the Fair Work Ombudsman’s media release on the small business start date). Businesses that have not yet reviewed their after-hours contact practices, employment contracts or workplace policies should treat this as overdue, not upcoming.

HOW THE RIGHT IS PLAYING OUT IN PRACTICE

In the time since the reforms commenced, the Fair Work Commission has consistently framed the right to disconnect as a right to refuse unreasonable contact, not a blanket ban on all after-hours communication. Employers can still make contact; what has changed is that an employee now has a legislated basis to say no without that refusal, by itself, being treated as misconduct.

The right is also being tested through more formal proceedings. In Martin v Cairns Rudolf Steiner School Ltd, a Queensland teacher brought a Federal Court claim alleging she was dismissed after refusing work-related contact during a period of leave, in circumstances she says amounted to adverse action connected to her exercise of the right to disconnect. The matter is a useful reminder that the right to disconnect can intersect with general protections claims, and that how an employer responds to a refusal (not just the refusal itself) can create legal risk.

Industry survey data from 2025 also suggests the changes have had a broader cultural effect, with a notable share of employers reporting policy changes, improved staff wellbeing and no meaningful loss of productivity since implementation.

RESOLVING RIGHT TO DISCONNECT DISPUTES

If a dispute arises, the employer and employee must first try to resolve it at the workplace level. This means open discussion about the out-of-hours contact, when and how it was made, the forms of contact used, and any compensation arrangements.

If the dispute cannot be resolved in the workplace, either party can apply to the Fair Work Commission. The Commission can:

• order an employee to stop unreasonably refusing contact;
• order an employer to stop requiring an employee to accept unreasonable contact;
• order an employer to stop taking disciplinary or other action against an employee for a reasonable refusal; or
• deal with the dispute in any other way it considers appropriate.

If an employee believes they have been adversely affected for exercising their right to disconnect, such as being disciplined, demoted or dismissed, they can apply to the Fair Work Commission to have this dealt with as a general protections dispute.

KEY TAKEAWAY

The Right to Disconnect puts control of after-hours time back in employees’ hands, giving them a legal basis to refuse work-related contact outside their working hours. The requirement to weigh multiple contextual factors keeps the assessment fair to both sides, and also supports fair compensation for work genuinely required after hours. With the staggered commencement now complete, every employer in the national system, large or small, needs to have workplace policies that reflect this right.

RAMSDEN LAWYERS – HOW WE CAN HELP WITH YOUR RIGHT TO DISCONNECT?

If you need legal advice on your Right to Disconnect, including your rights and potential disputes, applying to the Fair Work Commission, or responding to an application made against you, Ramsden Lawyers can help. We offer an obligation-free initial consultation to help you navigate the relevant legislation for your circumstances. Please do not hesitate to contact us.

The content of this article is intended to provide general guidance on the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.