The Albanese Government's Right to Disconnect legislation, effective from August 2024, gives workers the legal right to refuse to monitor, read or respond to contact from employers and third parties outside of working hours, unless that refusal would be unreasonable. The legislation covers all forms of communication including calls, emails, texts, and social media messages.

The law establishes clear criteria for determining whether a refusal is reasonable, considering factors such as the reason for contact, the level of disruption to the employee, compensation for out-of-hours availability, the employee's role and level of responsibility, and their personal circumstances including family or caring responsibilities. While not prohibiting all after-hours contact, it ensures workers aren't required to perform unpaid overtime through constant connectivity.

Early data has demonstrated the legislation's substantial impact. Analysis from the Centre for Future Work shows unpaid overtime has fallen from 5.4 to 3.6 hours per week – a 33% reduction. This represents a significant decrease from 3.3 billion to 2.2 billion hours of unpaid work across Australia. Young Australians aged 18 to 29 have seen the greatest reduction in unpaid work. The reform has garnered strong public support, with YouGov polling showing 86% of Australians support the right to disconnect, including 75% of Coalition voters.

The legislation applies to medium and large businesses from August 2024, with small businesses to follow from August 2025. Disputes are first addressed at the workplace level, with the Fair Work Commission available to handle unresolved issues and make binding orders if necessary.

[1] https://www.fairwork.gov.au/employment-conditions/hours-of-work-breaks-and-rosters/right-to-disconnect

[2] https://ministers.dewr.gov.au/watt/right-disconnect-among-many-increased-benefits-workers-starting-today

[3] https://www.smartcompany.com.au/people-human-resources/right-to-disconnect-leads-to-33-drop-in-unpaid-overtime/