When did the right to disconnect take effect in Australia?

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 (under 15 employees). It gives employees the right to refuse to monitor, read or respond to contact from the employer outside of working hours, unless the refusal is unreasonable.

What's the penalty for breaching the right to disconnect?

Standard contravention: 60 penalty units (A$19,800 at 2026 indexed rates) for individuals, 300 penalty units (A$99,000) for body corporates. Serious contravention under s 557A (knowing or reckless contravention as part of systematic conduct): 10× multiplier — up to A$198,000 individual, A$990,000 body corporate. Penalties stack per contravention.

When is after-hours contact 'reasonable'?

The Fair Work Act lists factors the FWC considers: the reason for the contact, the method and disruption level, whether the employee is compensated for being available, the nature of the employee's role, and the employee's personal circumstances (especially carer responsibilities). An emergency contact from a senior manager about a critical client issue is typically reasonable; a routine email at 9pm asking for next week's roster typically isn't.

Right to Disconnect — Employer Penalty Calculator

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 2026

RIGHT 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.

Employer size

Liability type

Number of contraventions

Each separate after-hours contact contravention

Serious contravention (s 557A — knowing or reckless contravention as part of systematic conduct). 10x penalty multiplier applies.

Maximum penalty exposure

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.

What counts as a contravention?

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.).

For HR teams: compliance steps

Update your right-to-disconnect policy (mandatory for employers 15+ since 26 Aug 2024).
Manager training on when after-hours contact is "reasonable" vs "unreasonable".
Document any compensation arrangements for on-call or expected after-hours availability.
Build the disconnect right into role descriptions and performance reviews.
Disputes go to the FWC for stop orders first; civil penalty proceedings can follow for serious or repeated contraventions.

Right to Disconnect: Can Your Boss Contact You After Hours?

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.

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