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ARTICLE · 08 SEPTEMBER 2024

Employees' new right to disconnect after clocking off

Jewell Hancock Employment Lawyers
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What will the right to disconnect look like? When is refusal unreasonable? When a dispute arises.

AustraliaEmployment and HR
Trent Hancock
Trent Hancock
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Last year, the Senate Select Committee on Work and Care drew attention to "availability creep" where Australian employees are increasingly expected to complete work outside of work hours leading to significant unpaid overtime.

To combat this, the Fair Work Act 2009 (Cth) has been amended from 26 August 2024 to include a new employee right to disconnect from work as part of changes from the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.

Initially, the change will only apply to employees from employers with more than 15 employees. For small business employers, these changes will take effect on 26 August 2025.

What will the right to disconnect look like?

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