Fair Work Ombudsman
Citation: FWO-2024-08-26-right-to-disconnect-stage-1-media-release
At a glance
- Penalty
- $18,780
What happened
The Fair Work Ombudsman has reminded employers and employees about the new 'right to disconnect' which began on August 26, 2024. This right, introduced through the Closing Loopholes laws, applies to employees of non-small businesses (employers with 15 or more employees). Employees can refuse after-hours contact unless that refusal is unreasonable. Small businesses have until August 26, 2025, before this right applies. The Fair Work Commission will handle disputes related to the right to disconnect.
What was decided
The new right to disconnect gives employees in non-small businesses the ability to refuse after-hours contact. Whether a refusal is reasonable depends on factors like the reason for contact, the employee's role, their personal circumstances, and any extra pay received. Disputes will be handled by the Fair Work Commission, which can issue orders to resolve them. The Fair Work Ombudsman will enforce these orders. Employers face penalties for non-compliance.
What it means for employers
Employers with 15 or more employees must now consider and respect employees' right to disconnect. They should consult with employees and unions to establish workplace policies regarding after-hours contact. Failure to comply with Fair Work Commission orders regarding the right to disconnect can result in penalties of up to $18,780 for individuals or $93,900 for companies per breach.
What it means for employees
Employees in non-small businesses have the right to refuse after-hours contact unless it is unreasonable. Employees should discuss expectations with their employer regarding after-hours communication. Disputes about the right to disconnect should first be addressed at the workplace level, and can be escalated to the Fair Work Commission.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/august-2024/20240826-right-to-disconnect-stage-1-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →