Upcoming changes to the Fair Work Act 2009: The Right to Disconnect

As of 26 August 2024, eligible employees will have the right to refuse employer contact outside of working hours. This change will allow for employees to better disconnect from work outside of their usual work hours.
 
This change applies to non-small business employers.
 
The change will come into effect for small business employers on 26 August 2025.
 
As part of the change, employees will have the right to refuse contact outside their working hours unless that refusal is unreasonable.
 
Several factors will be considered when determining whether an employee’s refusal is unreasonable. This includes:
  • the reason for the contact
  • whether the employee is compensated or paid extra for:
    • being available to be contacted to perform work within a specific period, or
    • working additional hours outside their ordinary hours of work
  • the nature of the employee’s role and level of responsibility
  • the employee’s personal circumstances, including family or caring responsibilities.
Various other matters may also be considered.
 
An updated copy of both the Hospitality Industry (General) Award 2020 and the Restaurant Industry Award 2020 can be found on the member portal.
 
Please contact the workplace relations team on 9654 7100 if you have any questions about this update.  
 
*A small business employer is an employer with fewer than 15 employees at a particular time. If an employer has 15 or more employees at a particular time, they are no longer a small business employer. When counting the number of employees, employees of associated entities of the employer are included. Casual employees are not included unless engaged on a regular and systematic basis.