Right to disconnect

Published 12 April 2024 | Updated 26 August 2024

Eligible employees will have the right to refuse employer or third-party contact outside of working hours.

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Right to disconnect

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Eligible employees will have a new ‘right to disconnect’ outside of work hours.

Employees will have the right to refuse contact outside their working hours unless that refusal is unreasonable. This means an employee can refuse to monitor, read or respond to contact from an employer or a third party.

The right also covers attempted contact outside of an employee’s working hours.

When working out whether an employee’s refusal is unreasonable, the following factors must be considered:

  • the reason for the contact
  • how the contact is made and how disruptive it is to the employee
  • how much the employee is compensated or paid extra for:
    • being available to perform work during the period they're contacted, or
    • working additional hours outside their ordinary hours of work
  • the employee’s role in the business and level of responsibility
  • the employee’s personal circumstances, including family or caring responsibilities.

Other matters may also be considered.

It will be unreasonable for an employee to refuse to read, monitor or respond if the contact or attempted contact is required by law.

Access our updated information on Right to disconnect.

Awards and right to disconnect

All awards will be required to include a ‘right to disconnect' term by 26 August 2024. This means that specific rules will be added to awards to explain how the new right will apply to different industries and occupations.

Learn more at Variation of modern awards to include a right to disconnect.

Disputes

Disputes about an employee’s right to disconnect should first be discussed and resolved at the workplace level.

If that isn’t possible, employees or employers can go to the Fair Work Commission (the Commission) to deal with a dispute.

The Commission can:

  • make a stop order
  • deal with the dispute in other ways (for example by holding a conference to try to resolve the dispute), or
  • do both of the above.

You can read more at the Commission’s Right to disconnect disputes page.

Tip: We’re different from the Fair Work Commission

A reminder that the Commission is the national workplace relations tribunal and registered organisations regulator.

We’re the Fair Work Ombudsman. Our role is to give you advice and assistance on workplace laws.

Learn more about the difference between the Fair Work Ombudsman and the Fair Work Commission.

Protections

The right to disconnect will also be a workplace right under general protection laws. These laws are protected rights all employees receive under the Fair Work Act.

Tools and resources

Related information