Quantify your business's exposure for right-to-disconnect breaches under Fair Work Act s 333M (in force 26 Aug 2024). Standard + serious contravention penalties calculated at 2026 indexed penalty units.
Last verified: 16 May 2026RIGHT TO DISCONNECT — EMPLOYER EXPOSURE
Fair Work Act s 333M (the "right to disconnect") is in force from 26 August 2024 for employers with 15+ employees, and from 26 August 2025 for small business. This calculator quantifies the employer's exposure for breaches — useful for HR teams sizing their policy gap.
Each separate after-hours contact contravention
Per contravention
$99,000
300 penalty units
Total exposure (1 contraventions)
$99,000
Subject to FWC discretion + mitigation
Penalty unit = A$330 (2026 indexed). Standard contravention: 60 PU (individual) / 300 PU (body corporate). Serious contravention (s 557A): 10x = 600 / 3,000 PU.
An employer contravenes s 333N if they take adverse action against an employee for exercising their right to disconnect. The right itself (s 333M) is the employee's right to refuse to monitor, read or respond to contact from the employer outside of working hours, unless the refusal is unreasonable.
"Reasonable to ignore" factors include: the reason for the contact, how the contact is made (and the level of disruption), whether the employee is compensated for being available, the nature of the employee's role, the employee's personal circumstances (carer responsibilities, etc.).
The right to disconnect is now law for all Australian workers. Here's what it actually means in practice — boss texts on Sunday, client emails at 9pm, WhatsApp groups, on-call expectations — and when your refusal to respond is 'reasonable'.
Right to Disconnect: What Actually Happens If Your Boss Calls After Hours? (2026)The Right to Disconnect is now law. Learn what happens if your boss contacts you after hours, what counts as 'unreasonable,' the 8 factors the FWC considers, and real-world scenarios explained.
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.
Embed this calculator on your site — free
One line of HTML. Auto-updates with the latest Australian rates. Click to copy the code.
Copy & paste into any HR blog, payroll docs, intranet, or CMS.
<iframe
src="https://fairworkmate.com.au/embed/right-to-disconnect-employer-penalty?partner=YOUR_NAME"
width="100%"
height="700"
frameborder="0"
loading="lazy"
title="Right to Disconnect — Employer Penalty Calculator by FairWork Mate"
style="border:1px solid #e2e8f0;border-radius:8px;max-width:680px;"
></iframe>YOUR_NAME with your site identifier for attribution (optional).Get notified when rates change
Free alerts when minimum wage, award rates, or workplace laws are updated.
Free forever. No spam. Unsubscribe anytime.
FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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.
Free tools surface the issue. Our partners help you solve it.
Authorised Employment Hero Partner
Australian HR, payroll, rostering and award interpretation in one platform. Used by 300,000+ businesses. Fixes the underlying payroll/compliance issues our calculators surface.
Best for: SMEs that have outgrown spreadsheet payroll or want automated award interpretation.
See Employment HeroLaw Tram — lawyer matching
Matched with the right Australian lawyer for your situation — unfair dismissal, underpayment, workplace injury, debt, tenancy and more. Many lawyers offer a free first consult and no-win-no-fee arrangements.
Best for: anyone whose workplace or personal legal issue needs proper advice, not just a calculator.
Find a lawyerIT, Microsoft & cyber partner
Microsoft 365, Copilot rollouts, Essential Eight, Privacy Act 2026 and board-level cyber compliance for Australian SMBs. Where pay and HR end, your data and IT obligations begin.
Best for: SMBs running on Microsoft 365, anyone hitting cyber/privacy compliance, boards wanting an outside read on IT risk.
See FrontrowAffiliate partners — commissions fund the free tools on this site. We only recommend partners we've vetted as a good fit for Australian workplaces.