The Right to Disconnect – What SMEs in Australia Need to Know in 2025
If you’re a small or medium-sized business owner in Australia, you’ve probably heard the buzz about the new Right to Disconnect laws.
Maybe you’ve even wondered, “Does this really apply to us?” The short answer? Yes, it does—and it’s time to get ready.
Let’s unpack what this new workplace right means, why it matters, and how you can make it work for your business without losing productivity or team morale.
The right to disconnect
The Right to Disconnect is part of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, which came into effect in 2024 for many businesses. However, if your business fits the Small Business Code (i.e. less than 15 employees), there is a delayed implementation date of 26 August 2025… which is fast coming around!
The Right to Disconnect gives employees the legal right to ignore work-related communications outside of their regular working hours, unless the contact is reasonable. This includes emails, phone calls, texts, and messages on platforms like Slack or Teams.
Why this law was introduced
The line between work and personal life has blurred significantly—especially since the rise of remote and hybrid work. Many employees feel pressure to be “always on,” even after hours. This law aims to:
- Reduce burnout and stress
- Encourage healthier work habits
- Promote fairness and respect in the workplace
And while it might sound like a headache for employers, it’s actually an opportunity to build a more sustainable and attractive workplace culture.
What does “Reasonable Contact” mean?
The legislation doesn’t ban all after-hours communication. It simply says employees can refuse to respond to unreasonable contact. So, what’s considered reasonable?
It depends on the situation. The Fair Work Commission will consider as matters that will impact reasonable contact:
- The urgency of the matter
- The employee’s role and level of responsibility
- Whether the employee is compensated for being on-call
- The method and frequency of the contact
For example, calling a manager during a genuine emergency might be reasonable. But texting a junior staff member at 9pm about a non-urgent task? Probably not.
What happens if there’s a dispute?
If an employee feels they’re being contacted unreasonably, they can raise the issue internally first. If it’s not resolved, they can escalate it to the Fair Work Commission, which now has the power to issue orders to stop unreasonable contact.
For SMEs, this means it’s more important than ever to have clear communication policies and practices in place.
How can SMEs prepare?
Here are five practical tips to use as a roadmap to help your business stay compliant and keep your team happy:
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Review Employment Contracts
Make sure your contracts clearly define working hours and expectations around availability. If you expect someone to be on-call, that needs to be stated—and compensated.
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Create a Right to Disconnect Policy
This doesn’t have to be complicated. A simple, clear policy that outlines when and how employees should be contacted outside of hours can go a long way.
3. Train your managers
Often, it’s not the business owner but a well-meaning manager who sends that late-night message. Provide training to help leaders understand the new rules and model respectful communication.
4. Use Technology thoughtfully
Tools like delayed email sending, “do not disturb” settings, and shared calendars can help manage expectations and reduce unnecessary contact.
5. Foster a Culture of Respect
Encourage open conversations about boundaries. Let your team know it’s okay to switch off—and that you support their right to do so.
Common questions from SMEs
“What if I need to contact someone urgently?”
You still can—if it’s reasonable. Emergencies, safety issues, or time-sensitive matters are generally acceptable.
“Does this apply to casual or part-time staff?”
Yes. The right applies to all employees covered by the Fair Work Act, regardless of their hours or contract type.
“Can I discipline someone for not responding after hours?”
Only if the contact was reasonable and part of their job expectations. Otherwise, you could be in breach of the law.
✅ Examples of reasonable contact
1. Emergency situations
- A burst pipe in the office over the weekend requires immediate attention from the facilities manager.
- A key staff member is urgently needed to approve a critical system update to prevent a data breach.
2. On-call or rostered work
- An employee who is rostered on-call is contacted during their on-call hours for a legitimate issue.
- A casual employee has agreed to be available for last-minute shifts and is contacted within agreed parameters.
3. Pre-agreed flexibility
- A remote worker has agreed to flexible hours and is contacted during their preferred working window, even if it’s outside the standard 9–5.
- A senior manager has a contract that includes availability for urgent matters outside of hours.
4. Time-sensitive deadlines
- A client deadline has moved unexpectedly, and a team member is contacted to confirm a deliverable that’s due the next morning.
- A supplier issue arises that could impact next-day operations, and the relevant staff member is contacted to help resolve it.
❌ Examples of unreasonable contact
- Non-urgent messages after hours
- A manager sends a non-urgent email at 10pm asking for updates on a project due next week.
- A team leader texts a junior employee on a Sunday to remind them about Monday’s meeting.
2. Repeated after-hours contact
- An employee is regularly contacted after hours without compensation or prior agreement.
- A staff member receives multiple messages across different platforms (email, text, Teams) outside of work hours.
3. Lack of clarity or consent
- An employee is contacted after hours without any prior discussion or agreement about availability.
- A business owner assumes staff are “always available” because they work from home.
How Akyra can help
At Akyra, we understand the unique challenges that SMEs face. We’re here to help you:
- Draft or update your Right to Disconnect policy
- Review employment contracts for compliance
- Train your managers and staff
- Build a culture that supports both performance and wellbeing
We believe that compliance doesn’t have to be complicated—and that great workplaces start with great relationships.
Let’s talk. Akyra is your partner in creating a compliant, people-first workplace.
To help you navigate these changes, our team at AKYRA have created a simple to use checklist to help you make the necessary changes.
Disclaimer – Reliance on Content
The material distributed is general information only. The information supplied is not intended to be legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice concerning your specific situation.
