From 26 August 2025, employees of small businesses in Australia have the legal right to disconnect—meaning they can refuse to monitor, read, or respond to work-related contact outside of their normal working hours, unless doing so would be unreasonable.

Key Points for Employers:

• The right applies to contact from employers or third parties (e.g. clients, suppliers) via calls, emails, texts, or messaging apps.
• It does not prohibit employers from contacting employees, but employees may choose not to respond unless the refusal is unreasonable.
• Factors determining reasonableness include:
  • The urgency and nature of the contact
  • The employee’s compensation and role
  • Disruption to personal circumstances (e.g. family responsibilities)
  • Legal obligations requiring contact

Awards and Agreements:

• All modern awards now include right to disconnect clauses.
• Enterprise agreements may also contain specific provisions—employers should review these carefully.

Best Practices for Businesses:

• Discuss expectations around out-of-hours contact with employees.
• Document arrangements and review them regularly, especially when roles or hours change.
• Train managers and staff on respectful communication and workplace rights.
• Update internal policies to reflect new legal obligations.

Dispute Resolution:

• Disputes should first be addressed internally.
• If unresolved, parties may escalate to the Fair Work Commission, which can issue binding orders.

Resources Available:

• Informative videos for small businesses
• Guidance from the Fair Work Commission and Australian Public Service Commission
• Online tools and fact sheets to support compliance