Ask your Aspen advisor:
“Do the right to disconnect rules apply to my business now, and how do we set boundaries without breaking the business?”
Australia’s right to disconnect is here – not just as a headline, but in the Fair Work Act.
Employees of larger employers have had this right since 26 August 2024. From 26 August 2025, it extends to small businesses as well. That means every employer, regardless of size, now has to factor it into how they manage after-hours contact.
The law doesn’t ban calling or messaging staff outside hours. It gives employees the right to refuse to monitor, read or respond to work contact when saying no would be reasonable.
So the real question isn’t “can I ever call?” – it’s “what counts as reasonable for our business?”
What the right actually gives employees
Under the new right, employees can decline work contact outside their normal hours if it’s unreasonable in the circumstances. Things the Fair Work Commission will look at include:
- The reason for the contact
- How it’s made (quick text vs repeated calls)
- How disruptive it is to the employee’s life
- The employee’s role, pay level and level of responsibility
- Any personal circumstances, such as caring responsibilities
Emergency safety issues and genuine time-critical problems are one thing. A non-urgent “quick favour” at 9.30 pm is another.
If disputes escalate, the Commission can make orders – and breaching those orders can lead to penalties.
What this means for small business owners
For small businesses, where everyone wears multiple hats and after-hours contact is often part of the reality, this feels uncomfortable at first.
Common concerns we hear:
- “What if I need to reach my manager after hours?”
- “We work across time zones – how does that work now?”
- “We don’t have HR. How do we even write a policy?”
The good news: the law builds in the idea of reasonableness. It recognises that some roles genuinely involve flexibility, emergencies or on-call work.
The challenge is to move that understanding from your head onto paper and into conversations with your team.
Practical steps to get this right
You don’t need a 20-page policy. Start simple and keep it real.
Work out what’s actually needed after hours
- Do you genuinely need someone on call?
- Are there specific times of year that are more intense?
- Are certain roles more likely to handle urgent issues?
Bake it into roles and rosters
If after-hours availability is genuinely part of a job, reflect that in the position description, roster patterns or allowance structure.
Set expectations in plain English
For example:
- “We don’t expect replies to emails sent after 6 pm unless it’s clearly urgent.”
- “If it’s an emergency about X, we’ll call. Otherwise it can wait until morning.”
Train your leaders
Much of this comes down to manager behaviour. A leader who constantly sends non-urgent messages at night will cause more issues than any formal policy.
Agree on escalation paths
Make it clear what “red-flag urgent” looks like and how those situations should be handled.
How Aspen can help
This isn’t just an HR question – it touches contracts, rostering, allowances and risk. We can help you:
- Identify whether you’re a small business employer under the Fair Work Act
- Review your current work patterns and highlight risk areas
- Sense-check draft wording for policies or staff communications
- Work out how your payroll, rosters and contracts line up with the new rules
Final thought
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