Disconnect laws in effect
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Many Australian workers now have the right to disconnect.
Legislation now in force grants employees the legal right to disconnect from work-related communications outside their paid hours.
The new laws, effective from Monday, allow workers to refuse to monitor, read, or respond to calls, emails, and other forms of work contact after their shifts have ended, unless such a refusal is deemed unreasonable.
The changes are designed to ease workers’ mental strain and reduce the number of unpaid work hours many have faced.
Workplace Relations Minister Murray Watt says technology has increasingly blurred the boundaries between personal time and work obligations.
“What’s not acceptable is for people to be taking constant calls or constant emails with an expectation that they’re going to be monitoring and responding, when they’re not getting paid to do it,” he stated during a press briefing in Queensland.
Workers across various sectors have reported excessive workloads and extended hours, often without corresponding pay.
The Australian Council of Trade Unions (ACTU) has hailed the laws as a major victory, allowing “more time with your loved ones, and more freedom to live your life,” ACTU President Michele O’Neil said.
But not everyone is convinced of the reforms’ benefits.
Bran Black, Chief Executive of the Business Council of Australia, has warned that the new laws could threaten Australia’s competitiveness by adding ‘red tape’ during a time of stagnant productivity and increasing insolvencies.
The right to disconnect is not entirely without limitations.
Workers are permitted to refuse after-hours contact only when such refusal is deemed reasonable, a determination that will depend on individual circumstances, including the nature of the work, the level of disruption, and any additional compensation provided for availability.
The Fair Work Commission (FWC) is responsible for resolving disputes over what constitutes “reasonable” refusal, and it has indicated that guidelines will be developed as test cases emerge.
For workers in larger businesses, the right to disconnect takes effect immediately, while employees of smaller businesses will gain this right on August 22, 2025.
This staggered implementation is intended to give smaller enterprises more time to adjust to the new legal requirements.
The concept of disconnecting from work outside paid hours has been gaining traction globally, with countries like France, Belgium, and Spain already implementing similar laws.
The Australian Public Service Commission has published guidance on the right to disconnect in the public service sector.
The Fair Work Commission has published a video on understanding the new right to disconnect as well as a Right to disconnect fact sheet.