Australia has entered a new phase of workplace regulation. From 2024 and into 2025, amendments to the Fair Work Act 2009 introduce a statutory right to disconnect — reshaping expectations around after hours contact, managerial practice and organisational culture.
For HR leaders, this is not simply a compliance update. It is a strategic shift in how work is designed, led and measured.
This article explains what the right to disconnect means in practice, how it interacts with existing employment obligations, and what employers should be doing now.
What Is the Right to Disconnect?
The right to disconnect allows employees to refuse to monitor, read or respond to work related contact outside their working hours, unless that refusal is unreasonable.
The reform recognises what HR professionals have long observed:
- Digital connectivity has blurred work boundaries
- Hybrid and remote work have extended availability expectations
- Burnout and psychosocial risks are increasing
Importantly, this is not a blanket prohibition on after hours contact. Instead, the law introduces a reasonableness test.
When Is Refusal Unreasonable?
Whether an employee’s refusal is unreasonable depends on factors such as:
- The reason for the contact
- The level of disruption caused
- The employee’s role and seniority
- Compensation arrangements (including salary levels and overtime)
- Any contractual or award based availability requirements
For example:
- A senior executive paid to be on call during a crisis may be expected to respond.
- A payroll officer contacted at 10.30pm about a non urgent query may reasonably decline.
The emphasis is on proportionality and genuine operational need.
The Role of the Fair Work Commission
If disputes arise, employees or employers may apply to the Fair Work Commission to resolve them.
The Commission can:
- Make orders preventing unreasonable contact
- Prevent disciplinary action where an employee has exercised the right reasonably
- Resolve disputes before they escalate
HR teams should monitor guidance published by the Commission Fair-Work-Commission to ensure internal policies align with emerging interpretations.
Interaction With Awards, Contracts and the NES
The right to disconnect operates alongside:
- The National Employment Standards
- Modern awards
- Enterprise agreements
- Individual contracts
It does not remove:
- Lawful and reasonable directions
- Contractual on call obligations
- Overtime requirements where properly engaged
However, employers who rely on vague “reasonable additional hours” clauses may now face greater scrutiny.
Guidance from the Fair Work Ombudsman reinforces that employees cannot be disadvantaged for exercising workplace rights Fair-Work-Ombudsman.
Why This Is a Strategic HR Issue
Forward thinking organisations understand this reform through three lenses:
1. Psychosocial Risk and WHS
Under work health and safety obligations, employers must eliminate or minimise psychosocial hazards so far as reasonably practicable.
Constant after hours contact may contribute to:
- Fatigue
- Burnout
- Anxiety
- Work family conflict
The right to disconnect aligns with WHS risk management principles.
2. Culture and Leadership Expectations
Many availability expectations are cultural, not contractual.
HR leaders should ask:
- Are managers modelling healthy boundaries?
- Is urgency genuinely operational, or habitual?
- Do performance metrics reward constant availability?
Legal compliance without cultural alignment will fail.
3. Productivity and High Performance
Research consistently shows that rest supports performance. Sustainable productivity requires:
- Clear working hour boundaries
- Defined escalation pathways
- Structured on call arrangements where necessary
The most effective organisations will redesign workflows rather than simply issue a policy memo.
What Employers Should Do Now
1. Review Contracts and Policies
Audit:
- On call provisions
- Availability clauses
- Overtime frameworks
- Enterprise agreement terms
Clarify when contact is expected and how it is compensated.
2. Develop a Right to Disconnect Policy
A strong policy should:
- Define ordinary working hours
- Outline emergency escalation processes
- Set expectations for managers
- Clarify reasonable contact scenarios
- Align with WHS and wellbeing strategies
3. Train Leaders
Managers need practical guidance on:
- Scheduling communications
- Using delayed send functions
- Planning work to avoid reactive demands
- Respecting team boundaries
Without leadership capability, compliance risk increases.
4. Assess Operational Impact
Consider:
- 24 hour operations
- Global teams across time zones
- Client service expectations
- Critical incident protocols
Design structured coverage rather than informal reliance on goodwill.
Common Employer Mistakes to Avoid
- Assuming senior employees are automatically excluded
- Disciplining staff without assessing reasonableness
- Relying solely on salary levels to justify constant availability
- Ignoring WHS implications
A New Era of Boundary Management
The right to disconnect signals a broader regulatory trend. Work design, psychological safety and sustainable performance are now mainstream compliance issues.
For HR professionals, this is an opportunity:
- To reset leadership norms
- To modernise policy frameworks
- To align legal compliance with wellbeing strategy
- To build sustainable high performance cultures
Organisations that respond proactively will reduce disputes, strengthen engagement and protect employer brand.
Final Thought
The right to disconnect is not about limiting ambition or responsiveness. It is about ensuring that availability expectations are deliberate, lawful and proportionate.
As Australia continues to refine workplace protections, HR leaders who integrate compliance with culture will be best placed to lead confidently in this new regulatory environment.
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