The Right to Disconnect: What Australian Employers Need to Know

The workplace has changed dramatically over the past decade. With smartphones, remote work, instant messaging and emails available at our fingertips, many employees feel connected to work long after their working day has ended. While technology has improved flexibility and productivity, it has also blurred the boundaries between work and personal life. 

To address this growing issue, the Federal Government introduced the Right to Disconnect as part of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, giving employees the right to refuse work-related contact outside their ordinary working hours where that refusal is reasonable. This change aims to promote healthier workplaces, reduce employee burnout and support positive work-life balance outcomes. 

What is the Right to Disconnect? 

The Right to Disconnect allows employees to refuse to monitor, read or respond to work-related contact outside their ordinary working hours unless their refusal would be unreasonable. This applies not only to contact from an employer, but also contact from clients, suppliers, colleagues and other third parties where the communication relates to work. 

Importantly, the legislation does not make after-hours contact unlawful. Employers can still contact employees outside work hours when necessary. The focus of the law is whether it is reasonable for the employee to ignore or decline that contact. 

After-Hours Emails: A Common Workplace Challenge 

One of the most common concerns for employers is the use of after-hours emails. 

Many managers work flexible schedules and may choose to send emails in the evening or on weekends. However, employees may feel pressured to monitor their inboxes and respond immediately, even when no response has been requested. 

Employers should remember that simply sending an email after hours can create an expectation of availability. Over time, this can contribute to: 

• Increased stress and fatigue 
• Reduced work-life balance 
• Psychosocial hazards and wellbeing concerns 
• Employee disengagement and burnout 

A practical approach is to clearly communicate when an immediate response is not required. Features such as delayed email delivery, email signatures explaining flexible work arrangements, or clear expectations around response times can assist in reducing perceived pressure on employees. 

Employer Obligations 

Australian employers have both legal and practical obligations when managing after-hours communication. 

Employers should: 

• Respect Employee Boundaries 
• Set Clear Expectations 
• Consider Psychosocial Risks 
• Train Leaders and Managers 

When After-Hours Contact May Be Reasonable 

The Right to Disconnect does not mean employees can ignore all after-hours contact. 

The Fair Work framework identifies several factors that may make contact reasonable, including: 

• The reason for the contact 
• How the contact was made 
• The level of disruption caused 
• Any compensation received for being available 
• The nature of the employee’s role 
• The employee’s level of responsibility 
• The employee’s personal circumstances, including caring responsibilities 

For example, a critical operational issue affecting business continuity may justify after-hours contact, whereas a routine update that can wait until the next business day may not. 

Employees Whose Roles Require Availability 

One of the most misunderstood aspects of the legislation is that not all roles are treated the same.  There may be circumstances where “the nature or seniority of the role requires” the employee to respond to out-of-hours communication. 

Senior Leaders and Managers 

Employees in leadership positions often hold greater responsibility for operational decisions, crisis management and organisational governance. 

For executives, senior managers and business leaders, it may be reasonable to expect a higher level of availability outside standard hours, particularly where: 

• Urgent decisions are required 
• Business continuity is at risk 
• Significant client issues arise 
• Health and safety risks emerge 

On-Call and Standby Employees 

The clearest exception involves employees who are formally required to be available outside their ordinary hours. 

Examples include: 

• IT support teams 
• Maintenance personnel 
• Emergency response staff 
• Healthcare professionals 
• Disability support workers 
• Operations managers on duty rosters 

Where employees are rostered on-call or standby and are compensated for that availability, responding to after-hours communication is often a legitimate requirement of the role. The legislation specifically requires consideration of whether an employee is compensated for remaining available to work outside ordinary hours. 

Employers should ensure: 

• On-call arrangements are clearly documented. 
• Employees understand when they are expected to be available. 
• Appropriate allowances or remuneration apply. 
• Rosters are fair and reasonable. 
• Availability expectations are reflected in employment contracts and position descriptions. 

Creating a Balanced Communication Culture 

The most successful organisations recognise that the Right to Disconnect is not about preventing communication. Rather, it is about creating a culture where communication is purposeful, respectful and proportionate. 

The Right to Disconnect represents more than a legal obligation. It is an opportunity for employers to strengthen workplace culture, support employee wellbeing and reduce psychosocial risks. 

By setting clear expectations, respecting personal time and recognising that some roles legitimately require greater after-hours availability, employers can maintain operational effectiveness while supporting a healthy and sustainable workforce. 

The key question for employers is not simply “Can we contact an employee after hours?” but rather “Is this contact reasonable, necessary and appropriate in the circumstances?” 

Organisations that get this balance right are likely to see stronger engagement, reduced burnout and a more productive, resilient workforce 

Sources: Fair Work Ombudsman – Right to Disconnect. [fairwork.gov.au]  

Need help in understanding your workplace obligations? Contact Key Business Advisors to discuss further. 

Call us on 1300 4 ADVICE or Email us: info@keyba.com.au 

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