Employee's guide to the right to disconnect Australia

Employees right to disconnect
 
Late-night pings, weekend calls, “just a quick favour” messages – for many Australian workers, being available after hours became an unspoken rule. The Right to Disconnect laws are designed to change that, giving employees the power to protect their personal time without risking their job.
 
Our guide cuts through the legal jargon to explain what the law means in plain English, how it applies to you, and how to use it confidently.
 

What is the Right to Disconnect in Australia?

The Right to Disconnect laws protect eligible employees from being penalised if they choose not to respond to unreasonable work related contact outside their normal working hours. They were introduced to help address rising stress levels, workload creep, and blurred boundaries between work and personal life – all of which have been linked to declining wellbeing.
 
Key points to know:
 
  • You can refuse contact outside your employee's working hours if it’s unreasonable.
  • “Reasonable” contact can depend on the employee’s role, level, urgency of the matter, and personal circumstances including family commitments.
  • Employers cannot take adverse or disciplinary action against you for an employee's refusal to engage with unreasonable after-hours contact.
  • Disputes can be escalated at the workplace level first, then to the Fair Work Ombudsman or Fair Work Commission if needed.
In the Hays Salary Guide, 40% of employees ranked work-life balance initiatives as a key factor in choosing or staying in a role, highlighting the significance of this issue.
 

Who does the Right to Disconnect policy apply to?

The disconnect applies to most employees covered by the Fair Work Act, including:
 
It's important to note that some industries or senior positions may involve after-hours contact as part of their role. In those cases, refusal may be considered unreasonable if needed to perform work or manage urgent matters.
 

Positive impacts on employees

The Right to Disconnect gives workers more control over their work hours and personal time. Benefits include:
 

Improved work-life balance

By setting clear boundaries around work-related contact, employees can fully switch off outside of normal working hours. This separation makes it easier to focus on personal priorities, hobbies, and relationships without constant interruptions from work.
 

Better mental health

Reducing the expectation to respond to contact after hours helps lower stress and anxiety. When employees can truly disconnect, they’re more likely to feel refreshed, present in their personal lives, and better equipped to handle workplace challenges.
 

Lower burnout risk

Consistently working beyond contracted hours can lead to exhaustion and disengagement. This law reduces the likelihood of unpaid work creeping into evenings and weekends, helping employees sustain their energy and motivation over the long term.
 

More control over personal time

Employees can make plans, attend events, or simply enjoy quiet time without feeling pressured to answer calls or unexpected messages. This autonomy fosters a healthier balance between professional obligations and personal priorities.
 

Better job satisfaction

When downtime is respected, employees tend to feel more valued and trusted. Job satisfaction often leads to greater engagement, productivity, and commitment during normal working hours, which benefits both individuals and their employers.
 

7 myths about the Right to Disconnect that workers should know

  • You can ignore all messages after hours: Not always – if your refusal is unreasonable given your role or situation, you may still need to respond.
     
  • Your boss can’t contact you at all: They can, but you can reasonably decline to respond outside your working hours if it’s not urgent or agreed.
     
  • All jobs are covered: Some roles with inherent after-hours duties may require contact, especially if you agreed to working additional hours in your contract.
     
  • Casuals can’t use this law: They can – as long as they’re covered by the Fair Work Act and meet the definition of eligible employees.
     
  • It applies automatically to every employer: Most do fall under the law but certain modern awards and enterprise agreements may differ.
     
  • You must make a formal complaint straight away: Not necessarily – the law encourages you to set expectations and raise the matter at the workplace level first.
     
  • Using the law will hurt your career: Handled professionally, an employee's refusal to respond after hours can help maintain performance and wellbeing.

Challenges of the new workplace legislation

While the Right to Disconnect is a big step forward, the early stages bring challenges:
 
  • Pressure to meet deadlines: With work now expected to be completed during ordinary hours, employees may feel increased pressure to finish tasks within tighter timeframes. This can be particularly challenging for teams managing complex projects or fluctuating workloads.
     
  • Adapting to new efficient processes: Some roles require employees to rethink and refine how they work in order to maintain the same level of quality without relying on additional hours. This can involve adopting new tools, adjusting workflows, or improving communication within teams.
  • Maintaining quality under time constraints: The legislation can make it harder to manage last-minute or after-hours requests, particularly when third party contact from clients or customers occurs outside normal working hours. Balancing responsiveness with the need to protect personal time can be a difficult adjustment.
  • Peer pressure: If some employees respond to contact outside their working hours, others may worry about appearing less committed or missing out on progression opportunities.
Despite these hurdles, it’s still early days. Open, respectful conversations with your employer can help set realistic expectations and ensure the law delivers its goal of fostering healthier, more sustainable working lives.
 

Practical tips to assert your rights respectfully

  • Clarify expectations early: Discuss after-hours contact during onboarding or reviews.
     
  • Use polite response templates: e.g., “Thanks for your message, I’ll respond during my rostered work hours.”
     
  • Set tech boundaries: Use “Do Not Disturb”, scheduled email sends or mute internal messaging apps to avoid after-hours work.
     
  • Update your email signature: Outline your working hours in your email signature to notify colleagues, clients and customers of your availability and when they can expect a response.
     
  • Keep a record: Document repeated unreasonable contact or attempted contact.
     
  • Escalate when needed: If it continues, speak to HR or the Fair Work Ombudsman.
Discover more career advice insights from our experts at Hays.
 

FAQs

When was the Right to Disconnect introduced?

The laws came into effect in 2024 for most national system employees and are now part of the Fair Work Legislation Amendment (Closing Loopholes) reforms. For small business employers, the new rules commence on 26 August 2025.
 

Will the Right to Disconnect be different for small businesses?

The main difference for small business employers is timing, not the rules themselves. The Right to Disconnect applies to them from 26 August 2025 - a year later than larger employers - but once in effect, the protections are the same.
 
If you work for a small business, you’ll still have the right to refuse contact outside your normal working hours if it’s unreasonable, and you’ll follow the same resolution process as employees in larger organisations. The delayed start date simply gives smaller workplaces more time to update policies, set expectations, and prepare for the change.
 

What is considered reasonable contact?

The following factors determine if the reason for an employer contacting you is considered reasonable:
 
  • Urgency of the matter
  • Nature of the role and the employee's level
  • Agreement to work additional hours
  • The employee's personal circumstances including family or caring responsibilities
  • How and when the contact is made

What is the Right to Disconnect in Australia’s hospitality industry?

The hospitality industry presents unique challenges for applying disconnect rules. Rosters can change at short notice, and managers often need to contact employees to fill last-minute gaps.
 
Under the Right to Disconnect legislation:
 
  • Employers can make attempted contact after hours for reasonable purposes such as confirming or changing shifts due to urgent operational needs.
  • Employees can refuse if refusing contact is reasonable in the circumstances. For example, if they have family or caring responsibilities or other personal commitments.
  • “Reasonable” considers the nature of the role, urgency, and whether the employee has agreed to work additional hours.
Scenario:
 
You work at a hotel and receive a late message through messaging services asking you to cover a shift tomorrow. This might be reasonable contact. But being called repeatedly on your day off, despite clearly saying you can’t work, could be considered unreasonable
 

What is the resolution process?

If you feel you’ve been contacted unreasonably outside your agreed hours, the law sets out a clear process for resolving the issue. Wherever possible, it’s best to start with open communication and work towards an informal solution before moving to formal steps.
 
  • Raise at the workplace level: Start by speaking directly with your manager or supervisor to explain the situation, outline when the contact happened, and why you believe it was unreasonable.
     
  • Escalate to HR or Fair Work Ombudsman: If the matter isn’t resolved, bring it to your HR team or seek advice from the Fair Work Ombudsman for guidance on your rights and options.
     
  • Take to Fair Work Commission if unresolved: As a final step, the Fair Work Commission can deal with the dispute by reviewing the situation and making a binding decision.