Australia’s Right to Disconnect: What It Means for Your Workforce

Early this year, lawmakers in Australia passed a Right to Disconnect law, allowing workers to avoid responding to work-related communications after work hours. The country joins a list of countries including France, Italy, Spain, and Canada putting work-life balance at the forefront of modern culture with its seemingly unending business demands and societal pressures to be productive and connected 24/7.

How the Law Affects Workers and Employers

The law does not prohibit companies from attempting to reach workers after hours but instead aims to protect workers’ free time. Beginning August 26, 2024, companies with 15 or more workers must comply with the law, which states that workers “have the right to refuse to monitor, read, or respond to contact (or attempted contact) outside their working hours, unless doing so is unreasonable.” Companies with less than 15 workers will be required to comply with this regulation effective August 26, 2025.

Employer Guidelines for Compliance

According to the Fair Work Commission (FWC), Australia’s independent national workplace relations tribunal, compliance with a worker’s right to disconnect means the company is encouraged to discuss after hours contact and setting expectations that fit the role within the business.

Further, the company will be required to consider several factors when determining whether a worker’s refusal is unreasonable, including the reason for the contact, how the contact is made and the level of disruption to the worker, how much the worker is compensated or paid extra for being available to perform work during the period they’re contacted or working additional hours outside of their ordinary working hours, the worker’s role in the business, and their personal circumstances, and other matters necessary for making the determination. Additionally, contact or attempted contact that is required by law will be considered reasonable, and the worker’s refusal will be deemed unreasonable. Workers paid an on-call allowance receiving contact from the company to give notice of being called into work may be required to respond to contact outside their working hours.

Right to Disconnect in Australian Workplace Awards

All Awards in Australia now include a right to disconnect clause. The awards may also now clarify how the worker’s right to disconnect operates with emergency changes, stand-by or call-back clauses outlined in the award.

Resolving Disputes and Non-Compliance

Non-compliance and disputes regarding the worker’s right to disconnect must first be addressed between the worker and the company. If not resolved successfully, then the Fair Work Commission (FWC) will review the dispute, which can result in the company being fined and/or ordering a worker to respond if the FWC finds the refusal to connect unreasonable.

Australia’s Role in the Global Work-Life Balance Movement

Australia is following the lead of other countries aiming to protect workers’ free time by actively addressing the sometimes-fine line between work and life, by providing this protected workplace right to disconnect to workers.

How TCWGlobal Can Assist Your Business

TCWGlobal can help you navigate through new employment legislation in Australia along with employment contracts, workforce flexibility, and risk mitigation, tailored to your unique business requirements. Contact us today at tcwglobal.com or email us at hello@tcwglobal.com to explore how we can help your organization thrive in today's work environment. Let TCWGlobal assist with all your contingent workforce needs in Australia!

Learn More about Australia’s Right to Disconnect

For further information on the Right to Disconnect in Australia, please visit: Fair Work Commission.