The year of Right to Disconnect: A landmark shift towards healthier, more respectful workplaces

The Fair Work Act supports Australia’s Right to Disconnect, ensuring employees can refuse unreasonable work-related communications outside normal hours to promote work-life balance. This amendment helps set clear boundaries between professional and personal time, reducing burnout and improving wellbeing. It also gives the Fair Work Commission the power to resolve disputes if they arise.

From August 2024, employers with 15 or more employees must follow the new Right to Disconnect laws. These changes apply across all industries but will especially affect professional services and office-based workplaces.

What is the Right to disconnect amendment about?

The Right to Disconnect legislation allows employees to avoid work-related communications outside regular hours, unless deemed reasonable.

The legislation applies to contact from employers or third parties—like clients or suppliers—across various channels including calls, emails, texts, and social media. The law doesn’t ban employers from reaching out; rather, it protects employees from having to monitor or respond if doing so is unreasonable.

Whether a refusal is unreasonable depends on factors like urgency, disruption, compensation, role, and personal circumstances. Awards and agreements may include further provisions, and disputes can be resolved through the Fair Work Commission. Ultimately, the law encourages proactive conversations between employers and staff to set clear expectations around out-of-hours contact.

Who must comply with the legislation?

For non-small businesses, this right has been in effect since 26 August 2024, and will extend to small businesses from 26 August 2025. The Fair Work Commission has defined a small business employer as a business that has 15 or less employees.

So far, the focus has been on education, encouraging workplaces to set clear expectations, update internal policies, and prepare for practical implementation of these rights in day-to-day operations.

What steps will businesses need to take as the Right to Disconnect legislation is enforced?

Australia’s Right to Disconnect legislation will extend from businesses of 15 or more employees which are currently affected by the legislation, to small business employees from 26 August 2025. To enforce these rights, the Fair Work Commission (FWC) can issue orders to stop unreasonable out-of-hours contact or prevent adverse actions against employees exercising their right to disconnect. If an employer breaches such an order, they may face civil penalties

Disputes may arise where employees believe their right to disconnect has been breached, and these can be escalated to the Fair Work Commission. The Commission can issue binding orders, like directing an employer to stop contacting an employee outside work hours or preventing an employee from unreasonably refusing contact.

Australia is playing catch-up on the Right to disconnect.

While Australia’s new Right to disconnect law is a step forward, other countries have been leading this change for years.

• France introduced the law in 2017, requiring large companies to set clear boundaries around after-hours contact.
• Ireland implemented a Code of Practice in 2021, promoting respectful workplace communication outside work hours.
• Ontario, Canada followed in 2022 with mandatory disconnect policies for employers with 25+ staff.
• Japan, after facing tragic cases of overwork-related deaths (karoshi), introduced reforms to address excessive working hours.

How to start complying with the legislation.

Employers should take proactive steps to prepare for and uphold the Right to Disconnect by embedding it into their workplace culture.

• Workplace culture
  Employers should cultivate a culture that respects boundaries, supports work-life balance, and promotes open discussions. This enhances compliance, trust, and productivity while reducing burnout.
• Training for staff and managers on Right to disconnect
  Educating managers and staff is essential. Everyone should understand their rights and responsibilities under the new legislation.
• Develop or update policies
  Start by updating internal policies to clarify expectations for out-of-hours communication, including when contact is necessary and how to manage it.

Make sure your organisation is prepared and compliant with the new legislation.  Discover Safetrac’s award-winning platform for staff training, policy distribution, and tracking to help build a positive work culture.