Right to Disconnect (s 333M FWA)
Employees may refuse out-of-hours contact unless unreasonable from 26 August 2024.
highcurrentongoing
Who must comply
All employers + employees.
What triggers it
Out-of-hours contact.
When due
Continuous; FWC dispute process available.
Evidence required
Workplace policies + dispute records.
Max penalty
—
Effective from
26 August 2024
Summary
Fair Work Amendment (Closing Loopholes No. 2) Act 2024. Section 333M FWA. Employees may refuse out-of-hours contact unless refusal is unreasonable. FWC may resolve disputes.
Enforced by
Source legislation
Topics
workplacework-life-balance
Related obligations
- CWLTHProvide 10 days paid family + domestic violence leave (FDV)Paid FDV leave for all employees: 10 days per year (full-time + part-time + casual).
- CWLTHAvoid sham contracting (s 357 Fair Work Act)Employer must not misrepresent employment as contractor relationship.
- CWLTHEmployee-like worker minimum standards (Closing Loopholes No. 2 2024)FWC can set minimum standards for 'employee-like' workers (gig economy).
- CWLTHSame job same pay (labour hire reform)Labour hire workers entitled to same minimum pay as direct employees on host site.
- CWLTHCasual employment definition + conversion (Closing Loopholes 2024)New casual employment definition + employee choice pathway from 26 August 2024.
- CWLTHLodge WGEA workplace gender equality reportPrivate-sector employers with 100+ staff must report annually; pay gaps are now publicly published.
Frequently asked questions
- Who must comply with Right to Disconnect (s 333M FWA)?
- All employers + employees.
- What triggers Right to Disconnect (s 333M FWA)?
- Out-of-hours contact.
- When is Right to Disconnect (s 333M FWA) due?
- Continuous; FWC dispute process available.
- What evidence is required for Right to Disconnect (s 333M FWA)?
- Workplace policies + dispute records.
Source: https://www.fwc.gov.au/right-to-disconnect. Rules Mate is not a law firm. Always verify against the live regulator source before acting.