Effective 26 August 2024, employees are permitted to refuse non-small business employers (and 26 August 2025 for small businesses) or third-party contact outside of working hours under certain conditions. This new regulation aims to protect employees’ personal time and well-being. The right to disconnect applies to various forms of communication, including calls, emails, texts, and social media messages.
However, this right is not absolute. An employee’s refusal to engage in out-of-hours contact must be reasonable, considering factors such as:
- The reason for the contact
- The disruptiveness of the contact
- Compensation for availability or additional work hours
- The employee’s role and level of responsibility
- Personal circumstances, including family or caring responsibilities
Employers and employees are encouraged to discuss and set clear expectations regarding out-of-hours contact. These conversations should cover topics such as when employees may be expected to respond, preferred contact methods, and any related pay and conditions.
To support this new provision, employers should consider providing training for managers and employees, updating internal policies, and regularly reviewing arrangements.
It’s important to note that awards, enterprise agreements, and other registered agreements may include additional right to disconnect provisions. Employees and employers should familiarise themselves with the specific terms that apply to their situation.
The right to disconnect is protected under general protection laws in the Fair Work Act, ensuring that employees can exercise this right without fear of adverse action. Moreover, failure by employers to comply with these regulations can result in fines of up to $94,000.
For a full reading of the media release, see here.
