Australia's right to disconnect lets employees refuse to monitor, read or respond to contact outside their working hours unless refusing is unreasonable. It has applied to employees of small businesses (fewer than 15 employees) since 26 August 2025, and to larger employers since 26 August 2024. It doesn't make after-hours contact illegal: the test is whether the employee's refusal is reasonable.
That last point is the one most business owners get wrong. You can still send a late email or a weekend message. What you can't do is expect an answer, or treat someone badly for ignoring it, unless the refusal would be unreasonable in the circumstances.
If you run a small team and live in Slack, WhatsApp or your inbox, here's what the Fair Work Ombudsman says applies, and how to set your own rules so nobody's guessing.
What the right to disconnect covers
It covers contact or attempted contact from you as the employer, and from third parties. The Fair Work Ombudsman lists third parties as clients, suppliers, staff from other businesses and members of the public. So a client messaging your account manager at 9 pm counts, not just you.
Every channel is in. The Ombudsman names calls, emails, texts, social media and messaging services, which means team chat apps and DMs are treated the same as a phone call.
Does it apply to my business?
| Your business | Right to disconnect applies from |
|---|---|
| Fewer than 15 employees (a small business employer) | 26 August 2025 |
| 15 or more employees | 26 August 2024 |
The count catches people out. Employees of associated entities are included, and casuals only count if they're engaged on a regular and systematic basis. Once you reach 15 employees at a particular time, you're no longer a small business employer. Either way, the right now applies to every business with employees.
When a refusal is unreasonable
The law doesn't give a list of allowed hours. Instead, whether an employee's refusal is unreasonable is judged on these factors, which must be considered:
- The reason for the contact.
- How the contact is made, and how much it disrupts the employee.
- Whether the employee is compensated for being available, or for working extra hours outside their ordinary hours.
- The employee's role and level of responsibility.
- The employee's personal circumstances, including family or caring responsibilities.
Other matters can be considered too. And there's one firm rule: refusing is always unreasonable if the contact is required by law.
Two examples from the Fair Work Ombudsman
The Ombudsman gives a pair of cases that show how it works. In the first, a consultant who finishes at 4 pm to collect his children from daycare gets an urgent client email at 4.30 pm. His supervisor gives it to a colleague instead, which the Ombudsman says is appropriate given his family responsibilities and that someone else could deal with it.
In the second, an associate is acting in her manager's role for 3 months with that reflected in her arrangement, has been told reasonable out-of-hours contact is part of the deal, and has been given the firm's policy. When she ignores an urgent call about documents due by 10 am the next day, her refusal could be unreasonable. The difference is expectation, role and reward, set out in advance.
The on-call myth
Some staff assume the right to disconnect means they never have to pick up. The Ombudsman calls that a myth: employees can be required to monitor and respond when they're working overtime or on call. Every modern award now includes a right to disconnect clause, and some awards set out when contact is allowed, for example to recall someone who's on an on-call allowance. Check the award or agreement that covers your staff.
How to set it up in a small team
The Fair Work Ombudsman encourages employers and employees to talk about out-of-hours contact and agree what suits the role. In practice, that's a short written policy plus a few settings:
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- Say which roles might be contacted after hours, for what, and how (a call for emergencies, never a chat message).
- Use scheduled send for emails and messages you write late, so they land in working hours.
- Turn on working hours and status in your chat tools, and set up an out-of-office message for leave and days off.
- Tell clients your response times, so the pressure doesn't come through your staff.
- If someone's role needs real availability, reflect that in their arrangement and put it in writing, like the acting manager example.
If you use Microsoft tools, our guide on how to set out of office in Teams covers the status setting that does a lot of this for you.
What happens if there's a dispute
Disputes should be discussed at the workplace first. If that doesn't fix it, either side can go to the Fair Work Commission, which can make orders, including an order to stop an employee refusing contact or to stop an employer taking certain actions.
You also can't stop an employee using the right. It's a workplace right under the general protections in the Fair Work Act, so taking action against someone for using it puts you on the wrong side of those protections.
My advice
Don't ban after-hours messages, and don't pretend they're fine either. Write down what's expected, schedule anything that isn't urgent, and keep calls for things that can't wait. A team that knows the rules switches off better, and so will you.
Frequently asked questions
Does the right to disconnect apply to small businesses in Australia?
Yes. It has applied to employees of small business employers, those with fewer than 15 employees, since 26 August 2025. Larger employers have been covered since 26 August 2024.
Is it illegal to email staff after hours in Australia?
No. The right to disconnect doesn't make out-of-hours contact unlawful. It gives employees the right to refuse to monitor, read or respond unless refusing is unreasonable.
Do messages from clients count under the right to disconnect?
Yes. It covers contact from third parties, which the Fair Work Ombudsman says includes clients, suppliers, staff from other businesses and members of the public.
Can an on-call employee ignore calls under the right to disconnect?
No. The Fair Work Ombudsman says employees can be required to monitor and respond when they're working overtime or on call, depending on the rules that apply to them.
Who counts towards the 15-employee limit?
Employees of associated entities are included. Casual employees only count if they're engaged on a regular and systematic basis.
