Australia’s Fair Work Act of 1993 is revised to provide employees with the enforceable workplace right to refuse to monitor, read, or respond to contact or attempted contact from their employer outside their working hours unless such refusal is unreasonable in an attempt to re-establish boundaries and balance.
On Monday, new laws in Australia known as the right to disconnect take effect where employers can’t discipline employees for declining to answer the phone after hours.
In some circumstances, they still can.
The dissolution of boundaries between personal and professional lives was made worse by the COVID-19 epidemic. People carried laptops, cell phones, and other gadgets from work to home. When you worked from home, you were constantly at home doing work.
The Fair Work Act of 1993 is revised to provide employees with the enforceable workplace right to refuse to monitor, read, or respond to contact or attempted contact from their employer outside their working hours unless such refusal is unreasonable in an attempt to re-establish boundaries and balance.
The Australian Public Service Commission gives guidelines on the new regulations that an employee has the freedom to disconnect and also provides the option to refuse to monitor, read, or reply to any correspondence about their job or any attempts at contact from a third party.
According to the Department of Employment and Workplace Relations, employees have a right to know when they are not required to work and what to do in that situation.
Why is it necessary?
Reduced unpaid overtime can lessen stress and burnout, says Dr. Gabrielle Golding of the law department at the University of Adelaide.
Unless certain reasonable exceptions apply, employees will have a definitive end to their working day and no longer carry the burden of continuing to be contactable about work-related matters in their private time, the statement reads.
This finding suggests a significant shift in how society considers the value of work and the reasons behind taking care of oneself and spending time alone.
Employers will also benefit from this as it increases the productivity of the more rested employees.
Who are all included in it?
The law applies to all national system employees from 26 August this year and small businesses from 26 August 2025.
Golding says that employees who make over a certain amount, such as an index of $175,000, are not entitled to this benefit.
Employees with managerial roles can adhere to the practices in line with the right to disconnect, which helps set an example for their colleagues earning below the threshold.
The new laws don’t restrict employers from reaching out to employees, but they help the employees to ignore without any disciplinary action.
The system still has some flexibility. When discussing how it will operate, employers and employees must consider some factors, such as the purpose of the contract, the method of contact, the degree of disruption to the employee’s life, the amount of any compensation, the nature of the employee’s role, and the employee’s circumstances.
What happens if the workplace disagrees?
The right will initially open up a conversation about what contact out of hours is reasonable and unreasonable. According to Golding, this legislation will enable workers to take charge of their working hours.
If any unreasonable contact occurs, the employee needs to raise a complaint with the employer.
The right will initially open up a conversation about what contact out of hours is reasonable and unreasonable. According to Golding, this legislation will enable workers to take charge of their working hours.
If any unreasonable contact occurs, the employee needs to raise a complaint with the employer.
The Fair Work Commission has the authority to mandate arbitration, conciliation, or mediation in the event of a disagreement. The commission has the authority to issue halt orders if that fails.
A stop order violation has several civil sanctions for the employer.
Also, workers have additional options through fair employment laws and workplace health and safety regulations.
Would it work?
Dr. Rachael Potter from the University of South Australia’s Centre for Workplace Excellence says that although the regulation is a significant step in the right direction, workers still feel compelled to answer their managers. Employees who do not have the opportunity to refuel their cognitive resources may find themselves in a condition of hypervigilance, increased anxiety, and burnout.
There has been speculation that some industries are unsuited to have the right to disconnect. For instance, according to Golding, some argue that the legal field can’t have it. However, she also points out that acting in one’s best interests or that of a client is not the same as experiencing extreme stress, burnout, or undue pressure.