Honour employees' right to disconnect (s 333M)

Employees can refuse to monitor, read, or respond to out-of-hours contact unless refusal is unreasonable.

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Who must comply

All national-system employers.

What triggers it

Contacting employees outside their ordinary working hours.

When due

Ongoing.

Evidence required

Workplace policy covering right to disconnect, after-hours contact protocols.

Max penalty

Civil penalty for breach of FWC stop order — up to $19K per contravention

Summary

Section 333M of the Fair Work Act (in force since August 2024 for medium/large employers; August 2025 for small business) gives employees the right to refuse out-of-hours work contact from employers or third parties unless that refusal would be unreasonable. The FWC can make stop orders. Workplace policies should set expectations.

Enforced by

Source legislation

Topics

workplace-rightsright-to-disconnect

Source: https://fwc.gov.au/issues-we-help/protections-disputes/right-disconnect. Rules Mate is not a law firm. Always verify against the live regulator source before acting.