*Please note this summary fact sheet is designed to inform you and assist your business on how to take steps to prepare and access support. For full details on the Right to Disconnect please visit fairwork.gov.au
What is the Right to Disconnect?
- From 26 August 2025, all small business employees (businesses with fewer than 15 employees) have the legal right to disconnect.
- Employees can refuse to monitor, read, or respond to work-related communications (calls, emails, texts, etc.) from employers or third parties outside their agreed working hours, unless the refusal is unreasonable.
When is Refusal “Unreasonable”?
- Refusal to respond outside of work hours may be unreasonable if:
- Contact is legally required.
- The urgency or nature of the role makes prompt response necessary.
- The employee is specifically compensated for after-hours availability.
- Other relevant factors: reason for the contact, level of disruption, employee responsibilities, and personal circumstances.
Key Points for Small Business Owners
- Employers can still contact staff, but employees may lawfully ignore after-hours contact that isn’t reasonable.
- Retaliation (like disciplinary action) for exercising this right is prohibited.
- Disputes should be handled internally first—unresolved issues can go to the Fair Work Commission.
- Exceptions apply in emergencies or situations where the law overrides this right.
Steps to Prepare
- Update workplace policies before 26 August 2025 to reflect new legal obligations.
- Train managers and communicate the new rights to all staff.
- Define clear procedures for after-hours contact and dispute resolution.
How to get the support you need to adjust
Geelong Chamber’s Employer Complete Membership provides you and your business with the support you need.
Our Employer Complete Membership is designed to fully support businesses as you navigate new workplace laws like the right to disconnect:
- Unlimited Access to Workplace Relations Advice: Get expert answers on right to disconnect and other HR matters—vital for compliance and best practice.
- HR Tools and Templates: Easily update contracts, policies, and communications about after-hours work and legal obligations.
- Legal and HR Support: Immediate hotline access for workplace relations queries, including handling or preventing disputes over the right to disconnect.
- Education and Events: Exclusive programs, masterclasses, and workshops covering legislative updates and practical solutions.
- Stay Informed: Receive updates on all Fair Work changes and legal developments that could affect your business.
- Advocacy and Network: Shape local policy, connect with experts, and access resources from both the Geelong Chamber and the Victorian Chamber of Commerce & Industry.
Why Choose Employer Complete?
- Takes the guesswork out of legal changes.
- Keeps your business prepared for every workplace shift.
- Saves you time and reduces risk so you can focus on growth and success.
Too arrange your Employer Complete membership click HERE, or contact membership.team@geelongchamber.com.au to arrange a chat with our team.
