Understand Australia’s right to disconnect laws and how to update your workplace policies to protect employees and meet Fair Work compliance.

Understand your obligations under Australia’s right to disconnect laws and how to support compliance in your workplace:

Australia’s Right to Disconnect laws give employees a legally protected right to disconnect outside of work hours. Introduced through the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, this new provision aims to improve work-life balance and reduce burnout. Employers must ensure their policies, practices, and communication expectations are aligned with this workplace right or face potential disputes and penalties.

What is the Right to Disconnect?

The Right to Disconnect is a workplace entitlement introduced through the Fair Work Act, which allows employees to decline unreasonable calls, emails, or messages outside of work hours. It helps reinforce boundaries between work and personal time, helping employees maintain clearer personal boundaries and mental wellbeing.

Key points:

• Employers must not require employees to monitor or respond to work communications outside of their usual hours unless it is reasonable.
• Employees can refuse contact if it occurs outside their work hours and is deemed unreasonable.
• This applies to both direct managers and colleagues.
• Employees who are penalised for exercising this right can raise a dispute, which may be escalated to the Fair Work Commission

Rights and Responsibilities:

What’s considered “reasonable” depends on the nature of the work, the urgency of the matter, the employee’s role and remuneration, and any policies in place.

Reasonable contact may include:

• Checking availability for a shift swap with appropriate notice
• Emergencies or urgent operational requirements

Unreasonable contact may include:

• Regular non-urgent emails or messages sent after hours
• Calls during an employee’s leave or rest time without their agreement

Employer responsibilities:

• Develop and communicate a Right to Disconnect policy
• Ensure leadership models healthy work boundaries
• Avoid pressuring staff to respond to non-urgent matters outside of hours
• Review and update employment contracts and after-hours expectations

Employee responsibilities:

• Respect co-workers’ off-hours and avoid sending non-urgent messages after hours
• Follow any policy or procedure set by the employer
• Raise concerns if they feel pressured or penalised for disconnecting

“Disconnecting after hours isn’t a lack of commitment. It’s a sign of a healthy, high-performing workplace. The right to disconnect creates clear boundaries, mutual respect, and gives your team time to recharge.”

 

• Kylie, Managing Director, DreamStoneHR

Right to disconnect laws already exist overseas:

Australia isn’t the first to implement these kinds of laws. France and Germany have both introduced policies to promote workplace disconnection.

• France: Since 2017, French companies have been required to negotiate rules with employees regarding after-hours contact. Many report improved morale and a reduction in burnout.
• Germany: Companies like Volkswagen limit email access after hours, supporting staff to disengage outside work fully.

These international models demonstrate that policies supporting disconnection can enhance productivity, retention, and workplace satisfaction.

Who must comply and when:

The Australian Right to Disconnect laws roll out in stages:

• Large businesses: From 26 August 2024
• Small businesses (fewer than 15 employees): From 26 August 2025

This phased approach gives employers time to adjust policies and embed cultural changes.

Common challenges and how to address them:

Implementing the Right to Disconnect can be complex, especially in sectors such as healthcare, emergency services, or global businesses, where after-hours availability is often essential. But with the right strategies, it’s possible to support both compliance and operational needs.

1. Adjust expectations to suit different roles or industries. For 24/7 operations, develop clear role-specific guidelines that still allow for genuine off-duty time.
2. Ensure that shift workers have clearly defined rest periods. Use scheduling tools to prevent overlap and facilitate recovery time.
3. Assign specific team members to handle urgent issues after hours, allowing others to fully disconnect from work.
4. Define what qualifies as urgent, specify who can contact whom, and outline the channels through which communication should occur. This prevents unnecessary interruptions.

By embedding practical, role-aware boundaries, businesses can honour employees’ right to disconnect while maintaining essential service levels.

Making the Right to Disconnect work in your business:

To avoid penalties and ensure a smooth transition, start preparing early. Here are six practical steps:

1. Audit current practices: Identify any after-hours expectations or communication habits that need to change.
2. Write a clear policy: Outline what is considered reasonable contact and what is not. Include reporting procedures.
3. Update contracts: Ensure employment agreements accurately reflect the new laws and clearly outline expectations.
4. Train your managers: Ensure leaders understand the law and how to role model disconnecting.
5. Use tech tools: Set up delayed email sending or out-of-hours alerts to support boundaries.
6. Monitor and improve: Seek feedback, monitor for breaches, and make adjustments over time.

Get expert HR support

If you’re unsure how this legislation affects your business or need help developing compliant policies, we can help. DreamStoneHR offers guidance, training, and templates to support your transition.

If you’re looking for extra guidance, our free resources offer practical checklists and templates to simplify and reduce the stress of managing HR.