Unpacking the new ‘right to disconnect’: what it means for businesses

Refusing contact outside of working hours will be based on several factors including:

• the reason for the out-of-hours contact
• whether the employee is compensated or paid extra for:
  • being available to be contacted to perform work within a specific period, or
  • working additional hours outside their ordinary hours of work
• the nature of the employee’s role and level of responsibility
• the employee’s personal circumstances, including family or caring responsibilities.

The new right to disconnect will be a workplace right under the general protection laws. The Fair Work Commission is required to vary all modern awards to include the ‘right to disconnect’ term and will add specific rules to awards to reflect the realities of the occupation and industry.

For more information, including a visual summary of the Closing Loopholes changes and key start dates, visit the Fair Work Ombudsman.