Right to Disconnect Laws Now Apply to Small Businesses

From 26 August 2025, the Right to Disconnect laws will apply to small businesses in Australia (those with fewer than 15 employees). These laws were already introduced for larger businesses in 2024 and are now being extended across all workplaces.

What the Law Means

Under the new rules:

  • Employees have a workplace right to refuse to monitor, read or respond to work-related contact outside of their usual working hours.
  • There are exceptions where the contact is considered reasonable.

Reasonableness will depend on:

  • the purpose, urgency, and nature of the contact
  • how disruptive it is to the employee
  • the employee’s role and responsibilities
  • personal circumstances, such as family or caring duties
  • whether the employee is compensated for being available after hours.

These rights apply to contact from the employer, co-workers, or third parties (such as clients or suppliers).

Resolving Issues

  • If there is disagreement about whether contact or a refusal was reasonable, both parties are encouraged to resolve the matter within the workplace first.
  • If this cannot be resolved, the Fair Work Commission can assist, including through “stop orders” if necessary.
  • The right is protected under the general protections of the Fair Work Act, meaning employees cannot be penalised for exercising it.

Why This Matters for Small Businesses

The intent of the laws is to promote fairness and clarity around after-hours contact, while still allowing businesses to operate effectively. The focus is not on banning contact, but on encouraging:

  • Clear communication about when after-hours contact may be required, and
  • Agreement on what is reasonable in different circumstances.

Practical Steps for Employers

Small businesses can prepare by:

  1. Discussing expectations with employees about after-hours contact (e.g. what counts as urgent).
  2. Documenting agreements in policies or role descriptions.
  3. Considering employee circumstances when setting expectations.
  4. Reviewing processes for raising and resolving any concerns early.

Key Point

The Right to Disconnect is about setting clear and fair boundaries, not about preventing necessary communication. With good communication and agreed expectations, small businesses can comply with the law while continuing to operate effectively.