The Right to Disconnect: What It Means for Australian Workers and Why It Matters

The line between work and personal life has become increasingly blurred in today’s always-on world. With mobile phones, emails, and work messaging apps constantly within reach, employees are often expected to be available beyond their rostered hours. But being reachable 24/7 isn’t sustainable or fair, and it can have serious consequences for mental health, personal relationships, and overall well-being. Workers deserve to switch off outside of work hours without fear or penalty. That’s where the right to disconnect comes in. This new workplace right aims to restore work-life balance and protect employee well-being. Understanding your right to disconnect is essential to ensuring your time is respected.

What Is the Right to Disconnect?

The right to disconnect allows employees to refuse unreasonable contact from their employer outside of work hours. This means you are not expected to answer calls, emails, or messages when you are off the clock unless your contract or role requires it under reasonable circumstances.

This right is fundamental as remote and hybrid work arrangements become more common. Without the natural boundary of a workplace or fixed schedule, many workers feel pressured to be “always available.” The right to disconnect sets a clear expectation: your time is your own when your workday ends.

It’s not about preventing necessary or urgent communication, especially in roles where out-of-hours contact is part of the job, like emergency services or on-call healthcare positions. Instead, it’s about avoiding routine, non-essential contact outside of scheduled hours that can contribute to burnout and a loss of personal autonomy.

Key Elements of the Right:

Applies to work-related communications outside of ordinary hours
Protects workers from being penalised for not responding
Does not apply to emergencies or situations where out-of-hours contact is part of the job
Supports mental health, personal time, and family responsibilities

These protections ensure that employees can enjoy their evenings, weekends, and holidays without the looming expectation of having to “just quickly reply” to a work message. Over time, that kind of constant connection chips away at personal well-being.

Why the Right to Disconnect Matters

With remote work and smartphones, employees are often contactable around the clock. The rise of digital communication tools has blurred the boundaries between work and home. Employers may not always realise the toll this takes, but the impact can be severe and cumulative for workers.

This expectation can lead to:

Burnout and stress: When you’re never entirely off duty, your mind doesn’t get the rest it needs. Chronic stress can lead to emotional exhaustion and disengagement from work.
Reduced job satisfaction: Feeling like your employer doesn’t respect your time can result in frustration, resentment, and a loss of motivation.
Poor mental and physical health: Constant availability can interfere with sleep, relaxation, exercise, and social connections all crucial to maintaining health.
Weakened family and social relationships: When work bleeds into personal time, it can be brutal to engage with loved ones, damaging relationships over time.

By introducing a formal right to disconnect, Australian law is taking a step towards ensuring that your time outside work is your own. It acknowledges the evolving nature of work and safeguards against being “always on.

Who Does the Right to Disconnect Apply To?

This right applies to employees covered by the Fair Work Act, including those under:

Modern awards
Enterprise agreements
Individual contracts (if explicitly included)

If you fall under one of these categories, your employer can still communicate with you when necessary. However, you are not obligated to respond outside of your rostered or contracted hours unless there is a reasonable expectation to do so.

What Is Considered ‘Unreasonable Contact’?

What’s considered unreasonable will depend on the circumstances, including:

Nature of your role (e.g., on-call or shift work)
Frequency and timing of the contact
Impact on your personal or family life
Whether the matter is urgent or not

For example, occasional contact due to an unexpected situation might be acceptable, but repeated non-urgent calls or emails during dinner or weekends may cross the line.

The law encourages employers to be mindful of how and when they contact staff and to weigh the necessity of contact against the employee’s right to personal time.

What to Do If You’re Contacted Outside Hours

If your employer frequently contacts you out of hours without a valid reason, you can take the following steps:

Raise the issue informally with your manager. A simple conversation might be enough to clarify expectations and set better boundaries.
Refer to your enterprise agreement or workplace policy. Many contracts now include clauses addressing after-hours contact.
Speak to your union about your rights and support options. They can help you understand your protections and how to address the issue effectively.
Escalate the matter to the Fair Work Commission if the issue persists. You have the right to a fair investigation and remedy if the employer continues to overstep.

Document all instances of out-of-hours contact to support your case if you need to escalate the matter.

The Role of Unions in Protecting This Right

Unions have played a crucial role in winning and enforcing the right to disconnect. Their advocacy has helped secure this entitlement in many modern awards and enterprise agreements, especially as the realities of digital work life have changed.

They can:

Negotiate better protections in enterprise agreements
Support you during disputes over after-hours contact
Advocate for better work-life balance across industries

Unions not only advocate for rights at the policy level but also ensure that those rights are upheld on the ground. Having union representation can make a significant difference if your employer does not respect your right to disconnect.

Why Union Support Makes a Difference

A clear understanding of your legal rights
Representation in workplace disputes
Stronger collective voice in shaping fair work policies

Many employees may feel uncomfortable raising these issues on their own. A union provides strength in numbers and experienced guidance through asserting your rights. They help ensure that your voice is heard and respected.

Work Shouldn’t Take Over Your Life

The right to disconnect is about restoring balance and protecting well-being in a digitally connected world. You have the right to relax, unwind, and enjoy your personal time without workplace intrusion. Being available 24/7 isn’t a sign of dedication; it’s a fast track to burnout.

If you’re being contacted after hours or pressured to respond outside of work time, contact your union or the Fair Work Commission. Your time matters on and off the clock.