If you’re feeling uncertain about how the new Right to Disconnect rules affect your business, you’re not alone.
From 26 August 2025, all Australian employers, including small businesses, must comply with Fair Work’s new provision allowing employees to lawfully refuse unreasonable work contact outside normal hours.
Understanding the Right to Disconnect Law in Australia
In simple terms, employees now have the right to ignore or refuse unreasonable contact — phone calls, messages, emails, or work requests — made outside their rostered hours.
This doesn’t mean employers can’t contact staff.
It means you can’t discipline an employee for refusing to respond if your expectation was unreasonable given their role and circumstances.
Fair Work Commission (FWC) Enforcement and Powers
The Fair Work Commission (FWC) can now:
- Order employers to stop making unreasonable contact
- Order employees to stop unreasonably refusing contact
What determines “reasonable contact”?
- The reason for the contact — is it urgent or can it wait?
- Frequency and disruption — how often is it happening?
- The employee’s position — is their role senior or critical to seamless operations and service delivery?
- Compensation — are they compensated or on an allowance?
- Personal circumstances — caring or family responsibilities
Key Employer Questions to Ask Right Now
- Which roles truly require contact outside standard work hours?
And is it written into their job descriptions? Have employees in this roles been advised? - How often do we contact staff outside their hours?
Is the level of disruption justifiable? - Are employees properly compensated for time spent after hours?
- Do recruitment and induction documents clearly state these expectations?
- Are performance reviews checking in on how staff feel about after-hours contact?
- Do we have a formal Right to Disconnect Policy?
If not — this is your next priority.
HR Tactics’ 30-Day Compliance Plan
We recommend this four-week approach to ensure full compliance before 2025 ends.
Week 1 — Audit Your Current Practices
- Identify all roles that require contact outside standard work hours
- Review wording in job adverts, interview information, contracts, position descriptions and performance review questions
- Check Awards for on-call or overtime clauses
- Document who is currently being contacted and why
Week 2 — Draft and Align Policies
- Draft your Right to Disconnect Policy
- Update position descriptions, Employment Contracts, job adverts, interview information and performance review questions
- Add after-hours expectations to onboarding materials
- Ensure compensation or TOIL rules align with the relevant Award
Week 3 — Train and Communicate
- Run manager training sessions to define “reasonable contact”
- Hold 1:1 meetings with employees or team information sessions to clarify expectations
- Encourage open dialogue and record any concerns raised
Week 4 — Implement and Monitor
- Publish your new policy across internal systems
- Track after-hours contact frequency and adjust as needed
Reasonable vs Unreasonable Contact Examples
Understanding what counts as reasonable contact is critical for compliance:
| Scenario | Reasonable? | Why |
|---|---|---|
| Contacting a manager about a security or safety issue | ✅ Yes | Urgent operational need |
| Sending a late-night non-urgent email | ❌ No | Can wait until morning |
| Messaging an on-call employee during rostered standby | ✅ Yes | Expected & compensated |
| Asking admin to check emails on Sunday | ❌ No | Not part of normal duties |
FAQs About the Right to Disconnect (Australia 2025)
Can we still contact staff after hours?
Yes — for urgent, legitimate reasons such as safety or critical operations.
The law limits unreasonable contact, not all contact.
Do we need to pay for after-hours responses?
Yes, if the employee is effectively on-call or responding to urgent tasks.
Check their Award for applicable compensation, allowances or TOIL rules.
What if an employee refuses contact unreasonably?
Document the situation, discuss it internally, and escalate through your HR process.
The Fair Work Commission can issue “stop orders” on an employee if disputes persist.
How HR Tactics Can Help You Stay Compliant
We understand those managing HR are already stretched thin — and the new Right to Disconnect rules add another layer of complexity and administrative burden
At HR Tactics, we:
- Conduct full HR, Fair Work and Award Compliance audits
- Draft and implement Right to Disconnect Policies
- Update contracts and PDs
- Train managers to apply the law correctly
- Provide ongoing compliance support
Final Thoughts
The Right to Disconnect is about balance — protecting employees while empowering businesses to communicate effectively.
By acting early and implementing a clear Right to Disconnect Policy, you’ll avoid disputes, build trust, and create a culture that values wellbeing and respect.
Need expert help? Contact HR Tactics — we’ll create your tailored policy and train your team to stay compliant
HR Tactics – HR Consultants Brisbane – Outsourced HR
This information was provided with the intention of helping you find more clarity, confidence and peace of mind as you navigate your own journey as an employer. I would love to hear your thoughts on this, and if you think someone else would enjoy it please feel free to share it on.
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