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

The amendment to the Fair Work Act right acknowledges the importance of work-life balance by allowing employees to refuse unreasonable work-related communications outside of their normal working hours. The law reinforces boundaries between professional and personal life, helping to reduce burnout and improve employee wellbeing. It also provides mechanisms for resolving disputes through the Fair Work Commission if issues arise.

From August 2024, all employers with 15 or more employees must comply with the new Right to Disconnect laws. The changes apply across all industries, with a particular impact on professional services and office-based environments.

What is the Right to disconnect amendment about?

The Right to disconnect legislation gives employees the right to not engage with work-related communications outside their regular hours, unless responding is 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 the urgency of the contact, how disruptive it is, the employee’s compensation, their role, and their 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 Right to disconnect legislation?

For non-small business employers, this right has been in effect since 26 August 2024, this will extend to small business employers 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 will business need to do as the Right to disconnect legislation is enforced in the future?

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 has the authority to make legally binding orders, such as 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.

These examples show how setting boundaries protects wellbeing, prevents burnout, and promotes healthier work cultures—something Australian businesses are only just beginning to embrace.

How to start complying with the Right to disconnect 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 foster a work environment that respects boundaries, supports work-life balance, and encourages open conversations about availability and workload. By doing so, businesses not only stay compliant but also build trust, reduce burnout, and promote a healthier, more productive workplace.
• 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
  This starts with developing or updating internal policies to clearly outline expectations around out-of-hours communication, including when contact may be necessary and how it should be managed.

Make sure your organisation is prepared and compliant with the new legislation. Learn more about Safetrac’s award winning platform and training that helps you with getting staff trained plus policy distribution and tracking to ensure you are building a positive work culture.
Book a consult with us to see how Safetrac can help your business today.