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‘Right to Disconnect’ laws commenced under the Fair Work Act 2009 on 26 August, enabling a greater work/life balance for retail, fast-food and warehousing workers.

What is the ‘right to disconnect’?

The ‘right to disconnect’ is the right of all workers to refuse to monitor, read or respond to unreasonable work-related contact from their employer or others with work-related contact (i.e. customers, colleagues) outside of a person’s work hours.

This is an important right for giving workers a clearer work-life balance. It gives workers the right to decide whether to respond to contact outside of work, depending on the reason for the contact.

It is important to remember that the ‘right to disconnect’ does not create a ‘blanket ban’ on work-related contact after hours. It is based on the reasonableness of the contact.

When will a worker’s disconnection be unreasonable?

If work-related contact or attempted contact is ‘lawful’, then it will be considered unreasonable for workers to ‘disconnect’.

To determine whether contact is ‘lawful’ or unreasonable to ignore, the following matters must be considered:

  • the reason for the contact (or attempted contact)
  • how the contact (or attempted contact) is made and how much disruption it causes the employee
  • if the worker is awarded compensation to be available to work when the contact is made or to work outside their ordinary hours.
  • the worker’s role and their level of responsibility, and
  • the employee’s personal circumstances, including family or caring responsibilities.

Other factors may be considered when determining if contact is lawful.

Remember, the right to disconnect is directed at an employee’s right to not unreasonably refuse contact. Employers may still have contact within reason.

Enterprise Agreements and Awards and the ‘right to disconnect’

Workers covered by an Enterprise Agreement or a Modern Award are given the ‘right to disconnect’. Modern Awards were updated on 26 August 2024 to reflect this new right. Some Enterprise Agreements may contain a ‘right to disconnect’ clause which may differ from the award or Fair Work Act.

If you have any further questions about your right to disconnect outside of work hours, please contact the SDA Newcastle and Northern office on 1300 SDA HELP.


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