Right to disconnect 

This material is designed and intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. This is not legal advice. 

Many workers now have a right to disconnect from work. But what is it?  When and how can you use it? And what happens if your employer breaches it?  

Recently, the Fair Work Act 2009 (Cth) (FWA) provided employees with the ‘right to disconnect’ from work. Modern Awards (Awards) have been updated to include a clause on how the right to disconnect will operate within that particular industry or occupation. To see how the right to disconnect works in your industry, check your award here (https://www.fairwork.gov.au/employment-conditions/awards/list-of-awards).  

The right to disconnect, however, does not apply to; 

• independent contractors,  

• sole traders,  

• unpaid volunteers, nor, 

• unpaid trainees or interns through a school, university or other institution. 

When does the right to disconnect start?  

If your employer has 15 or more employees (not counting casual employees unless their employment is regular and systematic), you already have the right to disconnect.   

If your employer has less than 15 employees, you will have the right to disconnect from 26 August 2025. 

What is the right to disconnect? 

The right to disconnect means that you may reasonably refuse to monitor, read or respond to contact, or attempted contact, from an employer outside your working hours.  

This also includes contact, or attempted contact, from third parties (such as suppliers and clients) if the contact relates to your work.  

Why is the right to disconnect important? 

It’s unfair to expect workers to be ‘switched on’ to work all the time. In a world with increased digital connection, work stress can creep into our lives outside of work. A right to disconnect from work: 

• Respects your work-life balance,  

• Helps protect your mental health and wellbeing, and 

• Reduces your risk of stress and burnout. 

Many people have to juggle many responsibilities outside the workplace, including housework, caring and parenting responsibilities. This burden falls disproportionately on women. The right to disconnect is an important step towards gender equity, making it easier for all workers to set clear boundaries with work and have greater control over their time.  

When do I have to respond to contact from work?   

Sometimes it will be considered ‘unreasonable’ to refuse to monitor, read or respond to contact from work. Working out whether a refusal is unreasonable or not depends on;  

• The reason for the contact,  

• How the contact or attempted contact was made,  

• The level of disruption the contact or attempted contact caused you,  

• The extent to which you are compensated for overtime or to remain available to work during the hours in which the contact is made  

• The nature of your role and the level of your responsibility within your role, and/or 

• Your personal circumstances (including family or caring, responsibilities). 

Example of a reasonable refusal  

Samia is 23 years old. Samia is not a parent. Samia is employed casually in a restaurant. Samia is aware that extra shifts may become available and that the employer will send a text message offering additional hours. On Samia’s day off, she is sent a text message offering a shift that night. Samia, however, already has plans. Samia decides not to respond. The next rostered shift, Samia is not asked why she didn’t reply, and her rostered shifts continue as usual.  

Example of an unreasonable refusal  

Samia has now been promoted to the Restaurant Manager position. Samia’s contract says that her salary takes into consideration some work outside of hours, as one of her responsibilities is to manage rostering when staff members call in sick. It is Samia’s day off. She receives a text message from Sue saying she is unable to work that night. Samia decides to ignore the text message as she is out. The shift is exceptionally hard on the other workers since Sue’s shift hasn’t been covered.  Samia is questioned by the owner about why she did not respond to Sue’s shift needing to be filled.  

How do I know what is “outside my working hours” 

Your working hours are the hours agreed with your employer for when you usually work, usually set out in your employment contract. For example, for many full-time workers, the hours set out in their contract are 9am-5pm, Monday to Friday. If you don’t have a written contract, you could check your Enterprise Agreement or your Award which set out standard ordinary hours.  

What should I do if I believe my employer has breached my right to disconnect?  

The right to disconnect does not prevent an employer and/or third-party from contacting you or from attempting to contact you.  

However, your employer cannot take adverse action against you (such as firing or demoting you) because you used your right to disconnect and reasonably refused to respond.  

If you believe that you have experienced adverse action because of using your right to disconnect, the first step would be to discuss this with your employer.  

If you and your employer cannot resolve the issue, you can contact your union or the Working Women’s Centre SA on 08 8410 6499 to organise a legal advice appointment with one of our lawyers.