Free tool
Right to disconnect — policy builder
Section 333M of the Fair Work Act gives employees the right to refuse out-of-hours contact unless that refusal is unreasonable. This tool generates a draft workplace policy fitted to your size, industry and role mix.
Draft policy
Right to Disconnect Policy — [Company]
Applicable from: 26 August 2024
Purpose
This policy supports compliance with s 333M of the Fair Work Act 2009. It sets out the expectations and process for managing out-of-ordinary-hours contact between [Company] and its employees.
Scope
Applies to all employees of [Company] in Australia, including casuals and part-timers. Applies from 26 August 2024.
Right to refuse contact
Employees have the right to refuse to monitor, read or respond to contact from the employer (or a third party in connection with their work) outside their working hours, unless that refusal is unreasonable.
Reasonableness — factors considered
When assessing whether refusal would be unreasonable, the following factors are considered: - The reason for the contact (urgency, business impact) - How the contact is made and the level of disruption (call vs SMS vs email) - Whether the employee is compensated for being available out of hours (allowance, on-call pay) - The employee's role and seniority - The employee's personal circumstances (caring responsibilities, etc.)
Exceptions where out-of-hours contact is expected
Out-of-hours contact remains appropriate in the following circumstances: - Genuine emergencies threatening life, property or significant operational continuity - Statutory or regulatory obligations requiring immediate action
Manager responsibilities
Before contacting an employee out of hours, the contacting manager should: (a) assess whether the matter can wait until the next working day, (b) consider the time-of-day and personal circumstances of the employee, (c) document the reason for contact if it cannot be deferred.
Tools & systems
Email signatures should include 'You are not expected to read or respond outside your working hours.' Messaging tools should support do-not-disturb / scheduled-send features. Calendar invitations should be in the recipient's local working hours.
Escalation
If you believe out-of-hours contact has been unreasonable, follow the internal escalation pathway: Step 1: Employee raises concern with direct manager or HR via the documented internal channel. Step 2: Internal resolution attempted within 14 days, documented. Step 3: If unresolved, employee may apply to the Fair Work Commission under s 333M for a stop order. Step 4: Comply with any FWC stop order issued. Breach of a stop order attracts civil penalty (up to $19K per contravention).
Policy ownership + review
Owned by People & Culture. Reviewed annually or upon material change to s 333M / FWC stop-order practice.
Sources
Reference tool — not legal advice. Have the final policy reviewed by your employment lawyer or HR consultant.