The Right to Disconnect is here — is your business ready?

As of 26 August 2025, the Right to Disconnect provisions under the Fair Work Act 2009 (Cth) now apply to all Australian businesses, including those with fewer than 15 employees.

This landmark reform is designed to support employee wellbeing by limiting unnecessary work-related contact outside of normal working hours.

What Is the Right to Disconnect?

The Right to Disconnect gives employees the legal right to refuse work-related contact (calls, emails, texts, or instant messages) outside their ordinary working hours—unless refusing is unreasonable.

Whether a refusal is considered unreasonable depends on several factors, including:

• The urgency and nature of the contact
• The employee’s role and level of responsibility
• The level of disruption to the employee’s personal time
• Whether the employee is compensated for being available
• The employee’s personal circumstances, such as caring responsibilities

This new framework aims to create clearer boundaries between work and personal time, while recognising that some urgent or safety-critical communication may still be necessary.

What Employers Need to Do Now

Businesses—especially small businesses adjusting to the new rules—should act quickly to ensure their practices are compliant. Masula Compliance recommends the following steps:

1. Review and update HR policies to include clear Right to Disconnect provisions.
2. Train managers and supervisors on what counts as “reasonable” out-of-hours contact.
3. Consult with staff to set clear expectations about contact outside working hours.
4. Document these arrangements in employment contracts or internal policy documents.
5. Monitor compliance regularly and make adjustments if issues arise.

Embedding the Right to Disconnect in your workplace culture not only protects your business from disputes—it also demonstrates respect for employee wellbeing, which can strengthen morale and retention.

Why This Matters for Employee Wellbeing

Creating boundaries is about more than legal compliance—it’s about fostering a healthier, more productive workforce.

Burnout, fatigue, and mental health issues can escalate when employees feel constantly “on call.” By respecting their personal time, you build trust and show that your business values sustainable work practices.

At Masula Compliance, we believe compliance isn’t just about ticking boxes—it’s about creating safe, healthy, and respectful workplaces.

Need Support Updating Your Policies?

Masula’s HR specialists can review and update your policies, run management training sessions, and guide you through implementing the Right to Disconnect in your workplace.

Contact Masula Compliance today to get started.