The Right to Disconnect in Australia: Now in effect

The Right to Disconnect has now taken effect in Australia. This means employees now have an enforceable workplace right to refuse to monitor, read or respond to contact (or attempted contact) from an employer or third party outside of their ordinary working hours, unless such refusal is unreasonable. More detail on this right is available here and here.

Modern awards have also now been varied to reflect the Right to Disconnect. For the majority of modern awards, the new provisions do not significantly alter the Right to Disconnect and reiterate that it does not prevent an employer from contacting, or attempting to contact an employee outside of working hours, including to notify them of a recall to work.

The Fair Work Commission has also determined that it will not yet release guidelines on the operation of the Right to Disconnect. Instead, it will do so once it has dealt with some disputes about its operation.

Don’t hesitate to reach out to our team if you would like to discuss this further and its impact on your organisation.