Introduction
National system employees have a workplace right to disconnect under the Fair Work Act 2009.
Content
The right to disconnect
Outside their working hours, employees can refuse to monitor, read or respond to contact or attempted contact from:
- their employer, or
- another person if the contact or attempted contact is work-related (for example, work-related contact from clients or members of the public)
unless the employee’s refusal is unreasonable.
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The right to disconnect
Watch our animation about understanding the right to disconnect.
When it is unreasonable for an employee to refuse contact or attempted contact
If a law requires the contact or attempted contact to be made, it will be unreasonable for the employee to refuse to read, monitor or respond to it. If the contact or attempted contact is not required by law, certain matters must be considered when deciding whether the employee’s refusal is unreasonable. These include:
- the reason for the contact (or attempted contact)
- how the contact (or attempted contact) is made and how much it disrupts the employee
- any pay or other compensation the employee receives to be available when the contact (or attempted contact) is made, or to work outside their ordinary hours
- the employee’s role and level of responsibility, and
- the employee’s personal circumstances, including family or caring responsibilities.
Other matters can also be considered.
Who does the right to disconnect apply to
The right to disconnect applies to national system employees. Find out more about who Australia's national workplace relations system covers.
The right to disconnect does not apply to independent contractors.
Small business employers and their employees
If an employer was a small business employer on 26 August 2024, the right to disconnect applies to its employees from 26 August 2025.
To find out the meaning of ‘small business employer’ see what is a small business?
Read our New rules for small business factsheet (pdf) for more information.
Right to disconnect terms in modern awards and enterprise agreements
We have added a right to disconnect term to all 155 modern awards. These explain how the right to disconnect applies under the modern award. You can find an award here.
Enterprise agreements might contain a different term about the right to disconnect. Enterprise agreement terms that are more favourable to employees than the right in the Fair Work Act will still apply.