Australia’s Right to Disconnect: Unplugging from the Always-On Culture
What Is It?
Australia’s new “Right to Disconnect” gives employees the legal right to refuse to monitor, read, respond to, or otherwise engage with work-related contact outside of their ordinary hours, unless refusing would be unreasonable. Importantly, it covers all forms of contact – not just emails or text messages, but also phone calls, video calls, instant messages, and other forms of communication or attempted communication from an employer.
The law doesn’t stop an employer from trying to get in touch after hours. Rather, it ensures that an employee cannot be disciplined, dismissed, or otherwise disadvantaged if they decide not to engage when they are not working.
When Did It Become Law?
Under reforms in the Fair Work Act 2009, the Right to Disconnect kicked in for medium and large businesses (15 or more employees) on 26 August 2024. As of 26 August 2025, the same protection now extends to employees of small businesses (being those with fewer than 15 staff). Additionally, all modern awards have been updated to include this right, making it a fixture across most workplaces.
What Counts as “Unreasonable”?
Not every after-hours message is off the table. Whether refusing to respond is “reasonable” depends on several factors, including:
- The nature, urgency, and reason for the contact
- The employee’s role and level of responsibility
- Personal circumstances like caregiving obligations
- The method and intrusiveness of the contact
- Whether compensation for after-hours availability is provided
These guidelines aim to strike a balance between normal workplace needs and healthy boundaries.
How will this impact events?
The Right to Disconnect does not prevent employers from holding work-related events outside of standard hours, but it does affect how employee participation and follow-up are managed. If an event is compulsory and clearly tied to employment, such as a conference, training session, or company meeting, then attendance and related contact will generally be considered reasonable. By contrast, if the event is primarily social or voluntary, pressuring employees to attend or penalising them for declining could breach the protections.
Employers should also take care with after-hours communications linked to events. For example, asking an employee to prepare documents or respond to emails after a networking function will often be unreasonable unless the employee is specifically compensated for being available. The law extends to all forms of contact (including phone calls, emails, and messaging), so any attempt to push work back onto employees once the event ends can be challenged.
In practice, the Right to Disconnect requires employers to plan after-hours events thoughtfully: clarifying whether attendance is optional or mandatory, avoiding unnecessary follow-up work after the event, and respecting personal boundaries. This approach both protects employees’ rights and reduces the risk of disputes before the Fair Work Commission.
Exceptions:
Certain circumstances remain exceptions. Emergency contact in relation to safety, operational continuity, or critical incidents is more likely to be considered reasonable, as are situations where an employee’s senior role requires a higher level of availability. Similarly, international work involving time zone differences may justify some out-of-hours communication, provided it is balanced with flexibility at other times.
Enforcement & Penalties
Employers cannot penalise employees for exercising their right to disconnect under the Fair Work Act. If such action occurs, the employee may bring a general protections claim before the Fair Work Commission. Furthermore, if the Commission issues an order under this right and it is not complied with, penalties may apply (up to $18,780 for individuals and $93,900 for companies per contravention).
Why It Matters
This legislation is more than just a workplace regulation. It’s a cultural shift toward recognising how critical downtime is for mental health. In a world where technology blurs the line between work and home, it sends a clear message: rest isn’t just allowed, it’s protected. Many experts see this as a necessary first step in combating burnout and the “always-on” mentality that’s crept into modern work culture.
For employers, these legislative changes may require a shift in both messaging and expectations. Managers will need to be clear about when after-hours attendance or follow-up is genuinely necessary and when it is optional, and should avoid creating a culture where employees feel obliged to respond outside their contracted hours. Clear communication, updated policies, and thoughtful planning of events and communications will be essential to ensure compliance while maintaining a positive workplace culture.
Should you wish to discuss the new reforms and how it impacts your business, please do not hesitate to reach out to our expert business lawyers at info@tauruslawyers.com.au.