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ARTICLE · 13 APRIL 2024

The right to disconnect – what does it actually mean?

Carroll & O'Dea
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Overview of the new right to disconnect, implications for the workforce, and what employers should do.

AustraliaEmployment and HR
Peter Punch
Peter Punch
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The  Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (CLAct2)) 1 was enacted in February 2024 and one of its many significant elements is provisions conferring on employees in Australia the legal right to disconnect out of work hours. In this article we provide an overview of the new right to disconnect, look at the implications for the workforce generally, and consider what employers should do to accommodate the new right.

What is the right to disconnect?

Once the law commences on 26 August 2024, an employee will have a legal right under the Fair Work Act 2009 (Cth) (FWA) to refuse to monitor, read or respond to contact or attempted contact from their employer outside of their working hours unless the refusal is unreasonable 2.

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