Right to Disconnect Australia 2026: Can Your Boss Contact You After Hours?
Australia's right to disconnect law explained. Covers the Fair Work Amendment Act 2024 provisions, which employers are covered, reasonable contact exceptions, how to exercise your right, and Fair Work Commission dispute orders.
What the right to disconnect law says
The right to disconnect was introduced into the Fair Work Act 2009 by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. Under section 333M, an employee has the right to refuse to monitor, read, or respond to contact (or attempted contact) from their employer or a third party related to their work, outside of their working hours — unless the refusal is unreasonable. This does not mean your employer cannot contact you after hours. It means you have the right to not respond, and your employer cannot take adverse action against you for exercising that right. The law protects you from being disciplined, demoted, having your hours cut, or being otherwise penalised for not responding to after-hours communications. The right applies to all forms of contact: phone calls, text messages, emails, messaging apps, and any other communication method. It covers contact from your employer directly, as well as contact from clients, customers, or other third parties if the contact relates to your employment. The provision recognises the growing problem of 'always on' work culture, where digital technology has blurred the boundaries between work and personal time, contributing to burnout and poor mental health.
Who is covered: large employers from August 2024, small from August 2025
The right to disconnect was rolled out in two stages to give smaller businesses more time to prepare. For employees of non-small business employers (15 or more employees), the right took effect on 26 August 2024. For employees of small business employers (fewer than 15 employees), the right took effect on 26 August 2025. All employees covered by the national workplace relations system are entitled to the right to disconnect, regardless of their employment type — full-time, part-time, or casual. This includes employees covered by modern awards, enterprise agreements, and award-free employees. The right also extends to prospective employees — an employer cannot make it a condition of employment that you waive your right to disconnect. Some state government employees may be covered by their state's industrial relations system rather than the federal system, so check which system applies to you. The headcount threshold of 15 employees is assessed at the time the contact occurs and includes all employees of the employer (and any associated entities), whether they are full-time, part-time, or casual. If your employer is close to the 15-employee threshold, the Fair Work Ombudsman can provide guidance on which rules apply to your situation.
When is after-hours contact considered reasonable?
The right to disconnect is not absolute — an employee's refusal to respond to after-hours contact may be unreasonable in certain circumstances. The Fair Work Act sets out factors to consider when assessing reasonableness. These include: the reason for the contact (an emergency is more likely to be reasonable than a routine query), how the contact is made and how disruptive it is (a single text is less intrusive than repeated phone calls), whether the employee is compensated for being available (on-call allowances or similar), the nature of the employee's role and level of responsibility (senior managers may have different expectations), and the employee's personal circumstances (caring responsibilities, health issues, etc.). Contact is more likely to be reasonable if it relates to an emergency or safety issue, the employee is being paid to be available (on-call or standby arrangements), it involves a time-sensitive matter that cannot wait until working hours, or the employee's role inherently requires some out-of-hours availability (e.g., emergency services). Contact is more likely to be unreasonable if it is routine and could wait until the next working day, it occurs during known personal commitments, the employee has previously communicated their unavailability, or it involves tasks that could be assigned to another available worker.
How to exercise your right to disconnect
If you want to exercise your right to disconnect, the recommended approach is to start with a conversation rather than a confrontation. Many managers send after-hours messages out of habit, not malice, and may not realise the impact on your wellbeing. Begin by discussing expectations with your manager during work hours. Clarify what constitutes reasonable after-hours contact in your role, agree on what channels should be used for genuine emergencies, and establish that routine communications sent after hours do not require an immediate response. If you use work email or messaging apps, consider using 'do not disturb' settings and scheduled delivery features so that your messages are sent during work hours even if you draft them after hours. If your employer continues to expect after-hours responses despite your communication, put your concerns in writing. Reference your right under section 333M of the Fair Work Act and request a meeting to discuss reasonable boundaries. Keep records of all after-hours contact, including the time, method, content, and whether you were compensated. If informal approaches fail and your employer takes adverse action against you for not responding after hours, you can apply to the Fair Work Commission for a dispute resolution order.
Fair Work Commission dispute orders
If you and your employer cannot resolve a dispute about the right to disconnect, either party can apply to the Fair Work Commission for assistance. The FWC can deal with the dispute through mediation, conciliation, or arbitration. When making a determination, the FWC considers the same reasonableness factors set out in the legislation. If the FWC finds that an employee's refusal to respond was reasonable, it can make an order requiring the employer to stop taking adverse action against the employee, compensate the employee for any detriment suffered, and adjust workplace practices to respect the right to disconnect. If the FWC finds the employee's refusal was unreasonable, it can make an order requiring the employee to respond to certain types of after-hours contact. Penalties can apply for breaching a FWC order — up to $18,780 for an individual or $93,900 for a body corporate per contravention. It is also important to note that adverse action taken against an employee for exercising their right to disconnect may also constitute a general protections breach under the Fair Work Act, which carries separate and significant penalties. If you are a union member, your union can assist you with raising concerns and, if necessary, bringing a dispute to the FWC. The Fair Work Ombudsman also provides information and guidance on the right to disconnect for both employees and employers.
Try these free tools
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
Related articles
The right to disconnect laws have been in effect for 6 months. Here's how they're working in practice, key cases, employer compliance, and what employees need to know about their rights.
Right to Disconnect Australia — What the New Law Means for YouAustralia's right to disconnect law lets employees refuse unreasonable out-of-hours contact. Learn who it covers, what counts as unreasonable, and how the FWC enforces it.
Right to Disconnect Australia — Can I Ignore My Boss After Hours? (2026 Law)Australia's right to disconnect law started 26 August 2024. Know when you can legally ignore your boss outside work hours, who it applies to, and what counts as an unreasonable refusal.
Enterprise Agreement vs Award — What's the Difference?Enterprise agreements and Modern Awards both set workplace conditions, but they work differently. Learn the BOOT test, how EAs are made, zombie agreements, and how to check which applies to you.