The new right to disconnect laws take effect as follows:

• 26 August 2024: for employers with more than 15 employees.

• 26 August 2025: for small business employers employing 14 or less employees.

Eligible employees will have the right to disconnect or refuse contact outside their working hours unless that refusal is unreasonable. This practically means than an employee can refuse to monitor, read or respond to contact outside of their nominated working hours.

Several factors must be considered when determining whether an employee’s refusal to work outside of hours is unreasonable. This includes:

• The reason for the contact.
• Whether the employee is compensated for:
  • Being available in the period when contact is made or attempted; or
  • Working additional hours outside their ordinary hours of work.
• The nature of the employee’s role and level of responsibility.
• The employee’s personal circumstances, including any family or carer responsibilities.

Industrial Relations Minister, Mr Tony Burke, has indicated that the right to disconnect laws will provide employers with “reasonable grounds” to contact their employees outside work hours. This may include calling employees to see if they can fill a shift.

Principal Lawyer at Concord Lawyers, Mr Simon Kumar, has stated that it is timely for employers of all sizes to revisit their employment contracts and job descriptions with employees to determine whether out of hours contact may inherently be required in the specific employment role from time-to-time. If it is inherently required, Mr Kumar has stated it is imperative that those employment contracts and job descriptions be updated with consent of the employee to reflect such a requirement to ensure the new right to disconnect laws are not breached.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.

Concord Lawyers is a leading provider of legal services in Employment, Commercial and Property Law, offering comprehensive solutions to businesses and individuals across Australia. Their team of highly experienced lawyers provide expert advice tailored to the needs of employers, HR professionals, executives and employees.

Get in touch with Simon today at or give him a call on 0431 638 851

Important Note: These articles have been prepared for general circulation and are circulated for general informational purposes only; these articles should not be regarded as business or investment advice. The articles represent the views of the writers and are subject to change without notice. Additionally, while every care has been taken in the preparation of the articles no representation or warranty as to accuracy or completeness of any statement is given. An individual or organisation should, before any business or investment decision is made, consider the appropriateness of the information in this document, and seek professional advice, having regard to objectives, situation and needs. This document is solely for the use of the party to whom it is provided.