Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 AUGUST 2024

The right to disconnect: what does this mean for my workplace?

Cooper Grace Ward
Cooper Grace Ward
Contributor
Cooper Grace Ward

Cooper Grace Ward

Cooper Grace Ward was established in 1980 and has quickly become one of the largest independent...

View firm profile
Explore more from Cooper Grace Ward

This article provides an overview of the right to disconnect and insight as to how employers can ensure compliance.

AustraliaEmployment and HR
Belinda Winter
Belinda Winter
Elaina Betzel
Elaina Betzel
Author LinkedIn connections

Background

Earlier this year, the second tranche of the Federal Government's significant workplace reforms passed into law, bringing major changes for employers. The reforms, in combination with those passed in late 2023, introduce landmark change to Australia's employment laws for employees, employers, independent contractors, gig workers and principals of most Australian workplaces.

One key and highly controversial component of the reforms is the introduction of the workplace right to disconnect. Following its introduction on 26 August 2024 for non-small businesses and 26 August 2025 for small businesses (being those with fewer than 15 employees), the right to disconnect is included as a term in all modern awards and explicitly protected under the Fair Work Act 2009 (Cth) (FW Act).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New Minimum Wage Rates Gain Effect In Australia Today

The Australian Government has raised the National Minimum Wage and Minimum Award Wages effective July 1, 2026, with weekly rates increasing from $948.00 to $1,004.90 and hourly rates from $24.95 to $26.44. What compliance actions must employers take to avoid penalties for underpayment, and how do these changes affect different worker categories including trainees, apprentices, and entry-level employees?
AustraliaEmployment and HR
Lexplosion Solutions Private Limited
Lexplosion Solutions Private Limited
Video

National Safe Work Month – For Life – Why WHS Matters (Video)

October is National Safe Work Month, and Cooper Grace Ward's workplace relations and safety team explores why work health and safety matters for every business. Special counsel Gemma Sharp examines the legal duties of PCBUs and officers to protect workers from both physical and psychosocial hazards, emphasizing that safety must be woven into the fabric of business operations rather than treated as an afterthought.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Podcast

Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?

Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Podcast

Podcast: Inside The Claim With CGW – Flight Risk: Grounded By A Galley Cart

Cooper Grace Ward's Damien Jarrett and Jess Byrne examine Hunter v Alliance Airlines Pty Ltd, a Supreme Court workers' compensation case involving a cabin crew member's back injury from a jammed galley cart. The discussion explores how the case evolved from maintenance and staffing allegations into a training dispute, and examines the court's approach to quantum arguments when the injured worker chose to pursue her own business rather than return to employment.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Article

Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI

The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
AustraliaEmployment and HR
Holding Redlich
Holding Redlich
Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Video

It Depends – Can A Limited Recourse Borrowing Trust Acquire More Than One Asset? (Video)

Under Australian superannuation law, limited recourse borrowing arrangements typically require separate bare trusts for each asset acquired by an SMSF. However, certain exceptions allow multiple assets to be held in a single bare trust, including identical assets purchased simultaneously, permanent fixtures spanning multiple titles, and assets legally required to be dealt with together. Understanding these nuanced rules is critical to avoid serious compliance, tax, and duty implications.
AustraliaWealth Management
Cooper Grace Ward
Cooper Grace Ward
Video

National Safe Work Month – For Life – Why WHS Matters (Video)

October is National Safe Work Month, and Cooper Grace Ward's workplace relations and safety team explores why work health and safety matters for every business. Special counsel Gemma Sharp examines the legal duties of PCBUs and officers to protect workers from both physical and psychosocial hazards, emphasizing that safety must be woven into the fabric of business operations rather than treated as an afterthought.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Podcast

Podcast: Inside The Claim With CGW – Flight Risk: Grounded By A Galley Cart

Cooper Grace Ward's Damien Jarrett and Jess Byrne examine Hunter v Alliance Airlines Pty Ltd, a Supreme Court workers' compensation case involving a cabin crew member's back injury from a jammed galley cart. The discussion explores how the case evolved from maintenance and staffing allegations into a training dispute, and examines the court's approach to quantum arguments when the injured worker chose to pursue her own business rather than return to employment.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Article

First Right To Disconnect Rulings Clarify The Bar For A Contravention Of The Right To Disconnect Laws

In the first substantive rulings on Australia's right to disconnect laws, the South Australian Employment Tribunal has determined that an Adelaide hairdressing salon did not breach its apprentices' rights despite sending frequent out-of-hours messages via TikTok and Snapchat. The Tribunal drew a critical distinction between unwelcome communication and actually preventing employees from disconnecting, establishing that subjective pressure without demonstrable consequences does not constitute a breach.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward