23/07/2025
The right to disconnect has been in operation for almost a year for many employers across Australia. From 26 August 2025 the right to disconnect will also apply to small business employers.
The right to disconnect is contained in section 333M of the Fair Work Act 2009 (Cth) and has been incorporated as a term in modern Awards. It is intended to provide employees the right not to respond to work related communications, such as phone calls, emails and messages, outside of their ordinary hours of work.
Small businesses, being those with less than 15 employees, must now also apply the right to disconnect to their employees.
This means that small business employees are able to refuse to monitor, respond or read work related communications received outside of their working hours – unless the refusal is unreasonable. While employers can continue to contact their employees outside of hours, from 26 August 2025, small business employees have a right not to respond or engage with that contact, unless it is unreasonable not to respond.
In considering whether a refusal is unreasonable, consideration is given to the reason for the contact, whether the employee is compensated for the out of hours contact, the nature of the employee’s position and responsibility and the personal circumstances of an employee.
From 26 August 2025 small business employers should be mindful of this new right and should be careful to not take adverse action against employee’s who exercise their right to disconnect, to avoid a general protections claims. It may also be a good time to review your policies regarding employee contact, to ensure they are consistent with this new right.
If you would like any further advice on the right to disconnect and what it means for your business, please contact our employment law team.