As new technologies and ways of communicating evolve, making it easier, quicker, and more convenient to contact people, the line between working hours and ‘out of hours’ has been blurred. 

As a result, the Right to Disconnect legislation was introduced under the Fair Work Act to encourage better work-life balance and support employees’ mental health. This legislation came into effect on 26 August 2024 for non-small business employers and will come into effect 26 August 2025 for small business employers (those with fewer than 15 employees). 

About the Right to Disconnect

As of 26 August 2025, all 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, or attempted contact from an employer, colleague or a third party (e.g. client). 

As of 26 August 2024, all awards have included an ‘employee right to disconnect’ term that can explain how the right applies to different industries and occupations. These terms will now extend to small businesses. 

What parameters determine reasonable contact?

The Right to Disconnect does not prohibit employers from contacting their employees outside of work hours. It does, however, aim to prevent employers from making unreasonable contact.  The right also allows employees to refuse to respond to contact or attempted contact from their employers, if it is unreasonable.  

An employee’s working hours typically refer to the hours specified in their employment contract, or individual flexibility arrangement, if flexibility has been granted. Depending on their position, there may be a requirement to work additional hours beyond their ordinary hours to fulfil their duties and meet business needs. These additional hours are considered part of the employee’s working hours.  

When determining what is reasonable contact outside of working hours from an employer or reasonable refusal from an employee under the Right to Disconnect, several factors must be considered, including: 

• The reason for the contact, 
• how the contact is made and how disruptive it is to the employee, 
• how much the employee is compensated 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, and 
• the employee’s personal circumstances, including study, family, or caring responsibilities. 

When implementing the Right to Disconnect, employers should consider what genuinely requires an out of hours response (e.g. an emergency, incident response situation, or welfare concerns) and what can wait until ordinary working hours. 

For example, calling an employee to fill a last-minute open shift is considered reasonable contact, however the employee has the right to not respond. In addition, employees cannot be subject to disciplinary action if they have reasonably exercised their right to disconnect. 

Setting expectations regarding the Right to Disconnect

As the legislation comes into effect for small businesses, it’s recommended that employers discuss the new rules with their employees, and work together to establish appropriate expectations and arrangements for out of hours contact. This is particularly important for employees who need to be on-call, and for those in senior positions that will likely require out-of-hours contact.  

Starting the conversation early will allow employers to determine appropriate protocols for their workforce and business needs. 

Some questions to consider during this process include: 

• Under what circumstances would the employer need to reasonably contact an employee?  
• What is the preferred method of communication with the employee if it is out of hours?  
• Is this expectation appropriate and compensated for within the employee’s role? 

Once employers have established appropriate arrangements for out of hours contact with employees, it should be communicated accordingly and confirmed in writing. 

The Right to Disconnect is not about stopping all forms of out of hours contact, but is instead about creating a shared understanding which balances employees’ personal and professional circumstances with business needs.  

How can Business Chamber Queensland help?    

Business Chamber Queensland’s Workplace Advisory team can support employers with determining what contact is reasonable under the new legislation, and answering any questions regarding employee consultation on the Right to Disconnect.