Small businesses must now comply with the Right to Disconnect Bill

In August 2024, the Right to Disconnect Bill came into effect for businesses with more than 15 employees.  From 26 August 2025, the right to disconnect will apply to employees of small business employers as well. In essence, this means that all employees have the right to refuse to monitor, read, respond to contact (or attempted contact) outside their working hours from their employer or a third party, unless doing so is unreasonable.
 
Fair Work has suggested that the following factors should be considered when determining whether an employee’s refusal to connect is unreasonable. These could include:

• The reason for the contact.

• The method of contact and how disruptive it is for the employee.

• Is the employee available to perform the work during the period of contact?

• Is the employee compensated or paid extra to work outside their ordinary hours?

• The seniority of the employee.

• The personal circumstances (i.e. family and care-giving responsibilities) or the employee.

However, if the employee is required by law to read, monitor or respond to contact or attempted contract, then any refusal will be deemed unreasonable.
 
There is a right to disconnect term within all modern awards which includes guidelines about how the right to disconnect should operate.
 
While large business owners have had to be mindful of the right to disconnect for some time, small business owners should now think about how to manage this legislative requirement operationally to avoid the associated penalties of a breach.