Right to Disconnect: What Australian Employers Need to Do Now
The right to disconnect is now law for most Australian employers. Here's what it means, what it doesn't mean, and how to operationalise it without slowing the business.
What the law says
Employees can refuse to monitor, read, or respond to contact from their employer (or related third parties) outside working hours, unless the refusal is unreasonable.
What "unreasonable" looks like
Factors include: - The reason for the contact. - How the contact is made and how disruptive it is. - Whether the employee is paid an availability allowance or higher-than-award compensation for being on call. - The employee's role and level of responsibility. - Personal circumstances (family, caring responsibilities).
What it does not mean
- Employers cannot send messages after hours? No — they can. The right is to refuse to respond, not to silence the inbox.
- All overtime is gone? No — paid overtime and on-call arrangements are unaffected.
- 24/7 roles can't exist? No — but the expectation must be in the role design, not implied.
How to operationalise it
- Update employment contracts to clarify on-call duties and any availability allowance.
- Train managers on what is and isn't reasonable contact.
- Default messaging tools to "do not disturb" outside working hours.
- Use scheduled send for after-hours emails by managers.
- Document an escalation path for genuine emergencies.
A clear policy plus disciplined manager behaviour solves 95% of cases — and avoids Fair Work disputes.