New ‘Right to Disconnect’ for Employees

Eligible employees will soon have a ‘right to disconnect’ outside of work hours, allowing them to refuse employer or third-party contact when off the clock, except in unreasonable situations. This right enables them to decline reading or responding to work communications outside designated hours.

When determining if a refusal is unreasonable, factors considered include the urgency of the contact, the method used, whether additional compensation is provided, the employee’s role, and personal obligations. Legally mandated contacts cannot be refused.

All awards must include this clause by 26 August 2024. Disputes over this right should first be resolved at the workplace; if unresolved, they can be escalated to the Fair Work Commission, which can issue orders and facilitate resolutions.

https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes/right-to-disconnect