Introduction
Most national system employees have a formal workplace right to disconnect under the Fair Work Act 2009. From 26 August 2025, the right to disconnect will also apply to employees of small businesses.
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Content
The right to disconnect
Outside their working hours, employees can refuse to monitor, read or respond to contact or attempted contact from:
- their employer, or
- another person if the contact or attempted contact is work-related (for example, work-related contact from clients or members of the public)
unless the employee’s refusal is unreasonable.
Watch our animation about understanding the right to disconnect.
When will an employee’s refusal be unreasonable
An employee’s refusal to monitor, read or respond to contact or attempted contact will be unreasonable if the contact or attempted contact is required by law.
If the contact or attempted contact is not required by law, certain matters must be considered when deciding whether the employee’s refusal is unreasonable. These include:
- the reason for the contact (or attempted contact)
- how the contact (or attempted contact) is made and how much disruption it causes the employee
- any compensation (monetary or non-monetary) the employee receives
- to be available to work when the contact (or attempted contact) is made, or
- to work outside their ordinary hours
- the employee’s role and their level of responsibility, and
- the employee’s personal circumstances, including family or caring responsibilities.
Other matters can also be considered.
Who does the right to disconnect apply to
The right to disconnect applies to national system employees. Find out more about who Australia's national workplace relations system covers.
Small business employers and their employees
If an employer was a small business employer on 26 August 2024, the right to disconnect will not apply to its employees until 26 August 2025.
To find out more about the meaning of ‘small business employer’ see what is a small business?
Right to disconnect terms in modern awards and enterprise agreements
We have added a right to disconnect term to all 155 modern awards. You can find an award here.
Enterprise agreements may contain a different right to disconnect term. Enterprise agreement terms that are more favourable to employees than the right in the Fair Work Act will continue to apply .