Right to Disconnect

As introduced by the ZDR-1D amendment, the 'right to disconnect' ensures that employees are not expected to be available to their employer during rest periods, annual leave, or other justified absences from work. Employers are obligated to take appropriate measures to ensure the effective exercise of this right, which aims to protect employees' work-life balance, mental health, and the integrity of their non-working time. This provision reflects a modern approach to labour rights in an increasingly connected world, preventing constant work intrusion outside of designated working hours.

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduces a statutory 'right to disconnect' under the Fair Work Act 2009 (Cth). This right empowers employees to refuse to engage with work-related communications (e.g., emails, calls, messages) from their employer or third parties (such as clients or customers) outside of their ordinary working hours. The refusal is considered reasonable unless specific factors, such as the reason for contact, its disruptiveness, compensation for availability, the employee's role and responsibilities, and personal circumstances, deem it otherwise. This right is a 'workplace right' under the FW Act's general protections, meaning adverse action cannot be taken against an employee for reasonably exercising it.