What's the maximum penalty for breaching right-to-disconnect in Australia?

Under section 333M of the Fair Work Act 2009, contraventions of the right-to-disconnect provisions attract civil penalties of up to $93,900 per contravention for an individual and $469,500 per contravention for a body corporate (60 / 300 penalty units at the current $1,565 unit rate). Multiple contraventions stack — each unreasonable contact can be a separate contravention.

What counts as a contravention of right-to-disconnect?

An employer or third party engaging in unreasonable contact with an employee outside of work hours that is unwanted and where the employee's refusal to monitor / read / respond is not unreasonable. Contact includes phone calls, emails, text messages, instant messages, calendar invites with notifications, and indirect contact via colleagues or third parties. Each instance can be a separate contravention.

Does right-to-disconnect apply to small business?

Yes — but the commencement date differed. From 26 August 2024 for non-small-business employers. From 26 August 2025 for small businesses (under 15 employees). Penalties apply uniformly from each commencement date.

Can I sue my employer directly for right-to-disconnect breach?

You can apply to the Fair Work Commission for a stop order to prevent further contact (section 65C/65D Fair Work Act). The FWO can also pursue the civil penalty in the Federal Court on your behalf. There's no separate damages remedy directly under right-to-disconnect — but if the contact caused psychological injury, that's a separate workers comp matter.

Right to Disconnect — Civil Penalty Calculator

$93,900 individual / $469,500 body corporate per contravention. Calculate the total maximum penalty exposure across multiple contact incidents. Useful for employers assessing risk and employees considering FWO complaints.

Last verified: 21 May 2026

Each unreasonable out-of-hours contact can be a separate contravention. The penalty multiplier is per contravention, not per employee — but each affected employee can have multiple contraventions.

Penalty exposure scenario

Estimate the maximum civil penalty under section 333M of the Fair Work Act 2009. Maximums are rarely imposed in full — courts apply discretion.

Contraventions per employeeEach unreasonable contact incident = 1 contraventionNumber of employees affected

Include accessorial liability for managers who personally engaged in the contact (section 550 Fair Work Act)

Maximum exposure

$4,695,000

10 contraventions total (10 × 1 employees)

Body corporate exposure: $4,695,000 ($469,500 × 10)

Penalty unit rate: $1,565 (2025-26). Body corporate = 300 units = $469,500/contravention. Individual = 60 units = $93,900/contravention. Adjusts annually with the Crimes Act 1914 indexation.

How the penalty stacks

Per-contravention basis. Each unreasonable contact incident is a separate contravention. 10 unwanted out-of-hours emails over 6 months = 10 contraventions, not 1.
Body corporate vs individual. The employer entity (Pty Ltd, etc.) faces the higher penalty ($469,500/contravention). Individual managers who personally engaged in the contact can also face the individual penalty ($93,900) on top — accessorial liability under section 550 Fair Work Act.
Per-employee cumulative. If multiple employees are affected, contraventions per employee accumulate. 5 employees × 10 contacts = 50 contraventions = up to $23,475,000 maximum exposure for a body corporate.
Court discretion. Maximum penalties are rarely imposed in full — courts assess seriousness, prior history, contrition, and impact. But the maximum is the ceiling.

Reasonable vs unreasonable contact

Not all out-of-hours contact contravenes the law. Factors the FWC considers (s.333M(3)): the reason for contact, how intrusive it is, whether the employee is compensated, the employee's role and responsibility, and personal circumstances. A genuinely urgent operational issue may be reasonable. Routine non-urgent contact during personal time generally is not. See the Right to Disconnect Eligibility tool to test specific scenarios.

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: Now ALL Workers

Since February 2026, the right to disconnect covers every Australian worker — not just large businesses. Here's what changed and what to do.

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.

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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.

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