This is thanks to the new “right to disconnect” laws, which protect employees from being penalized if they choose not to respond to work-related communications outside of their official working hours.
However, there are exceptions to these protections.
The COVID-19 pandemic intensified the already blurred boundaries between work and personal life. With the rise of remote work, the distinction between the office and home all but disappeared, leaving many employees constantly tethered to their jobs through laptops and smartphones.
In an effort to re-establish clear boundaries, amendments to the Fair Work Act now provide workers with an “enforceable workplace right to refuse to monitor, read, or respond to contact, or attempted contact, from their employer outside of their working hours, unless such refusal is deemed unreasonable.”
The Australian Public Service Commission’s guidance on the new legislation further clarifies that employees can also refuse to engage with work-related communications from third parties during their off-hours.
The Department of Employment and Workplace Relations emphasizes that the right to disconnect is “about ensuring employees know when they can switch off and what is expected of them when they are not on the clock (and not being compensated).”
Why Is This Important?
Dr. Gabrielle Golding, a law expert from the University of Adelaide, suggests that reducing unpaid overtime could significantly lower stress and burnout rates among employees.
“With a clear end to their workday, employees won’t bear the ongoing burden of being accessible for work-related issues during their personal time, except in certain reasonable circumstances,” she explains.
“This marks a significant societal shift in how we value work, as well as our overall well-being and personal time.”
According to Golding, employers could also see benefits, including productivity boosts from workers who are better rested and less stressed.
While unions are largely in favor of the new laws, business groups have expressed concerns, warning that the legislation could lead to job losses and is unnecessary. The Coalition has also criticized the laws, claiming they could create “confusion and uncertainty” and potentially undermine flexible working arrangements.
Similar regulations have been implemented in enterprise bargaining agreements and in countries like France and other parts of Europe. The European Commission is currently evaluating the impact of these laws.
Who Is Affected?
The new laws apply to all “national system employees” from 26 August this year, with small businesses following suit from the same date in 2025. This means that the majority of employees will be covered as the laws are incorporated into existing awards.
It’s important to note that these laws don’t outright ban employers from reaching out or employees from communicating with one another. Instead, they give workers the legal right to ignore such contact without fear of retribution.
For instance, if your boss sends an email at 11 PM after you’ve clocked out at 5 PM, you’re under no obligation to read it.
However, the legislation allows for flexibility. When negotiating how the right to disconnect will be applied, factors such as the purpose of the communication, how it’s made, the level of disruption to the employee’s personal life, any additional compensation, and the nature of the employee’s role and circumstances must be considered.
The mention of “compensation” indicates that some employees, particularly those on higher salaries, might receive additional pay for being available outside of normal working hours.
“Even so, it would be wise for those employees, especially managers, to adopt workplace practices consistent with the right to disconnect,” Golding advises. “This will enable them to set an example and align their behaviors with those of colleagues earning below the threshold.”
What If There’s a Dispute?
Golding notes that the introduction of this right is likely to spark conversations about what constitutes reasonable versus unreasonable out-of-hours contact. These discussions are already taking place, and the new legislation should empower employees to assert more control over their working hours.
The crux of the matter lies in determining whether contact is reasonable or unreasonable and whether an employee’s refusal to engage is justified.
If an employee believes they’ve been subjected to unreasonable contact, the first step is to file a complaint with their employer. This process is designed to ensure that disputes are addressed promptly and fairly, helping to maintain a healthy work-life balance for all parties involved.