The introduction of the right to disconnect in Australian employment law marks a significant step forward in protecting employee work-life balance, particularly in an era where digital connectivity blurs the boundaries between professional duties and personal time.
Implemented through amendments to the Fair Work Act 2009 (Cth), this right creates additional challenges for law firms navigating demanding client expectations and extended work hours.
Legislative framework
The right to disconnect became effective for larger Australian businesses on 26 August 2024 and extended to small businesses (under 15 employees) from 26 August 2025.
Embedded within the Fair Work Act 2009, particularly section 333M, and incorporated in all modern awards, this provision allows eligible employees to refuse to monitor, read, or respond to work-related communications outside their agreed working hours unless such refusal is deemed unreasonable.
“Work-related contact” encompasses any form of communication – emails, texts, phone calls, or messages on work platform – from employers or third parties such as clients or business partners. The statute explicitly protects employees even against attempted contact beyond normal working hours.
When is refusal unreasonable?
The legislation provides a test for what constitutes an “unreasonable” refusal to engage with out-of-hours communication. Factors considered include:
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