Phones and laptops mean work can follow people home every night. A quick message from a manager at 9pm can feel hard to ignore. For years there was no clear rule on if you had to answer.
That changed with the right to disconnect. It is now part of the Fair Work Act 2009 and applies to most employees in the national system. This guide explains what the right covers, how reasonableness is judged and what to do if a dispute comes up.
What the right to disconnect means
The right to disconnect gives employees the right to refuse to monitor, read or respond to contact outside their working hours. The key limit is that the refusal must not be unreasonable. The right covers contact or attempted contact from the employer. It also covers work contact from another person, such as a client or customer.
The right does not stop employers from contacting staff. It also does not stop employees from contacting each other, including across time zones. What it protects is the choice not to engage with that contact. An employee who reasonably ignores an evening email should not be punished for it.
When the right started
The Fair Work Ombudsman announcement on the right to disconnect confirms it began on 26 August 2024 for most employees. That first stage covered employees of businesses with 15 or more employees. Employees of small businesses gained the right from 26 August 2025. It now applies across most Australian workplaces in the national Fair Work system.
All modern awards now include a right to disconnect term. These terms add detail for particular industries. If you are covered by an award, it is worth reading that term. It may say more about how the right works in your type of job.
The right applies to employees in the national Fair Work system. Some workers are covered by state workplace laws instead. Coverage and rules can differ between states, so check which system applies to your job.
How reasonableness is judged
Whether a refusal is unreasonable depends on the circumstances. No single fact decides it. The Fair Work Commission fact sheet lists several factors that are weighed together.
- The reason for the contact.
- How the contact is made and how disruptive it is.
- The nature of the employee’s role and level of responsibility.
- The employee’s personal circumstances, including family or caring duties.
- Whether the employee is paid extra to stay available or work extra hours.
Other matters may also be considered. A senior manager who is paid an on call allowance may be expected to answer more often. A junior worker on a standard wage, with no extra pay for being available, may have more room to say no. An urgent safety issue is likely to be treated differently from a routine question that could wait.
Personal circumstances matter in this test. A parent with caring duties at home, or someone meeting family obligations such as adult child maintenance, may have strong reasons to protect their evenings. These pressures are real and the law allows them to be weighed.
What employers should think about
Employers keep the ability to contact staff, so the focus is on what they expect in reply. Clear workplace policies help everyone know where they stand. A policy can explain which kinds of contact need a response outside hours and which can wait until the next working day. Writing this down cuts down on confusion later.
Written documents matter for any business relationship. Our article on the terms and conditions a business should have looks at how clear written terms protect a business. The same thinking applies to contracts of employment and workplace policies.
Directors and managers set the tone on this issue. If leaders send late night messages and expect quick replies, staff will feel they must keep up. Our guide on appointing a new director covers some of the duties that come with leading a company.
Sorting out a dispute
Employers and employees should first try to resolve a dispute at the workplace. A frank conversation about expectations often fixes the problem. It helps to be specific about the kind of contact and the times involved. Keep notes of what was agreed.
If that does not work, either side can apply to the Fair Work Commission. The Commission can make an order stopping an employee from unreasonably refusing contact. It can also make an order stopping an employer from requiring a response, or from taking disciplinary or other action, where the refusal was not unreasonable. It cannot order the payment of money in these disputes.
The Fair Work Ombudsman enforces compliance with Commission orders. Civil penalties can apply for breaching an order, and the amounts are updated from time to time. Like most legal matters, sorting things out early is usually better than letting a dispute end up in court.
Protection from adverse action
The right to disconnect is a workplace right. That means the general protections in the Fair Work Act apply to it. Eligible employees are protected from adverse action and coercion for using the right. Dismissal and discipline are examples of adverse action.
If an employee is dismissed or disciplined for a reasonable refusal, they may be able to apply for a general protections dispute. Eligibility rules apply to these applications. Anyone in that position should get advice quickly.
Frequently asked questions
Can my boss still call or message me after hours?
Yes. The right does not stop an employer from making contact. It protects your choice not to monitor, read or respond, as long as that refusal is not unreasonable.
Does the right to disconnect apply to small businesses?
Yes. It has applied to employees of small businesses since 26 August 2025. Larger businesses with 15 or more employees were covered from 26 August 2024.
Can the Fair Work Commission order my employer to pay me?
No. In right to disconnect disputes the Commission cannot order the payment of money. It can make orders to stop the conduct or help resolve the dispute in another way.
What if I am punished for not answering?
If your refusal was not unreasonable, the general protections may apply. You may be able to apply for a general protections dispute if you are eligible. Get advice early if this happens to you.
This article is general information about Australian workplace law and is not legal advice. Laws differ between the national system and state systems and change over time. For advice about your own situation, speak with a qualified lawyer.