From 26 August 2025, new workplace laws regarding the “right to disconnect” will come into effect for small businesses (less than 15 employees) across Australia. Larger businesses have already had this in place since August 2024.
The right to disconnect gives employees the right to refuse to monitor, read or respond to contact, or attempted contact, from their employer or a third party (such as a customer) outside of the employee’s working hours unless the refusal is unreasonable.
Certain matters will need to be considered when determining whether an employee’s refusal to be contacted out-of-hours is unreasonable, such as:
- How contact is made with the employee and the level of disruption it causes
- The nature of the employee’s role and their level of responsibility
- Whether the employee is compensated for remaining available to work
In preparation for these new laws, businesses should:
- Clearly communicate expectations with staff about when it’s reasonable to be contacted outside of standard hours.
- Encourage staff to set boundaries and respect their colleagues’ personal time.
- Consider alternative arrangements for urgent matters, such as rostering or compensation for after-hours work.
As always, don’t hesitate to contact the MTA Workplace Relations team on 8291 200 or wr@mtasant.com.au if you have any questions or need further guidance.
