What employers need to know
The new ‘right to disconnect’
- starts 26 August 2025 for small business employers
- starts 26 August 2024 for business employers with 15 or more employees
As a result of recent changes to Fair Work laws, employees in Australia will now be granted the right to disconnect from their employer outside of work hours.
What will this mean for employers? These changes affect several areas of importance. Employers must review their internal processes, systems and practices, as well as internal communications to ensure compliance with these changes.
What is the right to disconnect?
Eligible employees will have the right to refuse employer or third-party contact outside of working hours unless the refusal is unreasonable. This means that an employee can refuse to monitor, read, or respond to any communication from their employer or a third party.
If there is disagreement between the employer and employee about this right, then the law also prescribes a process for resolving the dispute.
When do these changes begin?
The start date for enforceability varies depending on the size of your business. If you run a business with 15 employees or more, you will be regarded as a non-small business employer. These changes take effect for you from 26 August 2024.
However, if your business has fewer than 15 employees, you will be considered a small business employer, in which case, these changes will take effect from 26 August 2025.
What makes a refusal unreasonable?
Several issues must be considered in determining whether a refusal is unreasonable:
- the reason for the contact or attempted contact
- how the contact is made and the level of disruption caused to the employee
- the extent to which the employee is compensated
- to remain available to perform work during the period in which the contact is made
- for working additional hours outside of the employee’s ordinary hours of work
- the nature of the employee’s role and their level of responsibility
- the employee’s personal circumstances (including family or caring responsibilities
These laws may appear oppressive; however, they form an extension of the obligations businesses already have to ensure psychosocial safety of all their employees. A safe workplace is everyone’s responsibility.
What should you do?
As an employer, there are several things you must do to remain compliant with these legal changes:
- Maintain open lines of communication with your employees so that you can address issues effectively as they arise
- Help your employees understand what these legal changes mean for them and how they may be affected
- Review your employment contracts to ensure these spell out rights and obligations accurately, taking into account these changes
- Update existing policies and processes to reflect these changes and obligations
- Update your recruitment policies and procedures to be clear about expectations for out-of-hours contact
- Ensure that there are robust processes in place to ensure risks to health and safety arising from out-of-hours contact are eliminated or minimised
Employers must remain aware of these changes and take appropriate steps to remain compliant. Wurth HR offers consulting and training on the issues above. Feel free to contact us if you have questions or require guidance on specific steps your organisation needs to take.
▶ Email David Wurth for an obligation-free discussion at info@wurthhr.com.au
Useful resources
- The Australian Public Service Commission has published guidance on the right to disconnect in the public sector. The right to disconnect will apply to national system employees from 26 August 2024 – Download the APSC Guidance (pdf)
- Fair Work Ombudsman has published information on the right to disconnect
- The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024