Workplace Rights

Right to disconnect in Australia: what workers and employers need to know

Australian employees have a legal right to refuse to monitor, read or respond to work-related contact outside their working hours when that refusal is not unreasonable.

What counts as contact?

Fair Work says contact can include calls, emails, texts, social media messages and other messaging channels. It can come from an employer or from third parties such as clients, suppliers or members of the public.

When can refusing contact be unreasonable?

The answer depends on the circumstances. Factors can include the reason for the contact, how the contact is made, whether the employee is compensated for availability, the employee's role and level of responsibility, and personal circumstances.

Does the right apply to small businesses?

Yes. The right to disconnect has applied to employees of small business employers since 26 August 2025. It had already applied to employees of larger employers from 26 August 2024.

What should Melbourne workplaces do?

Employers should set clear expectations about after-hours contact, escalation and emergencies. Employees should raise concerns early and document recurring out-of-hours contact if it becomes a dispute.

General information only. Whether a refusal is unreasonable depends on the facts of each case.