When Australia’s right to disconnect applies to after-hours contact

The rule concerns an employee’s response

Section 333M covers contact or attempted contact outside an employee’s working hours. It applies to employers and to work-related contact from third parties. The statutory question is whether refusing to engage with the contact is unreasonable. Source 2 Source 1

Two dates brought the rule into force

The start dates were 26 August 2024 for non-small businesses and 26 August 2025 for small businesses. The Fair Work Ombudsman describes a small business as having fewer than 15 employees under the applicable counting rules, which include some casual employees and employees of associated entities. Source 1 Source 3

The statute sets out circumstances to consider

Reasons for contact, how disruptive it is, compensation for availability or additional work, the nature of the role and personal circumstances all matter. Contact required by Commonwealth, state or territory law makes refusal unreasonable under the Act. Source 2 Source 1

Disputes start with a workplace discussion

The Act requires the parties to try to resolve a dispute at work before applying to the Fair Work Commission. Awards can also contain rules for circumstances such as on-call or recall arrangements. The Commission can deal with unresolved disputes and can make orders. Source 2 Source 1 Source 3

Sources

• Fair Work Ombudsman, right to disconnect and workplace guidance
• Federal Register of Legislation, Fair Work Act 2009 sections 333M and 333N
• Fair Work Commission, right to disconnect disputes