Who must comply with Honour employees' right to disconnect (s 333M)?

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

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.

Applies when the business has employees.

How the regulator frames it: All national-system employers.

What triggers it: Contacting employees outside their ordinary working hours.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (35 of 35: depends on size or structure).

The answer is the same in every industry: depends on size or structure. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "depends on size or structure".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. You have employees (6–19)
• Pty Ltd company in real estate agents with no employees, turnover $100K–$1M: does not apply. Requires employees.

When due

Ongoing.

Frequency

Ongoing

Evidence to keep

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

Status

Current

Priority

High

Maximum penalty: Civil penalty for breach of FWC stop order — up to $21,840 (individual), $109,200 (small business body corporate) or $546,000 (body corporate with 15+ employees) per contravention.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• FWC right-to-disconnect interpretation: Boatswain v Lance Industries (illustrative) (2025): Even pre-amendment workplace policies need explicit after-hours contact protocols and seniority-tiered expectations.

If this obligation applies to you, so do these 11: the engine uses the same rule for each.

• Pay superannuation on every payday (Payday Super)
• Report under Single Touch Payroll Phase 2
• Pay employees in accordance with the applicable modern award
• Verify work rights via VEVO before employment
• Comply with Paid Parental Leave scheme (26 weeks by 1 July 2026)
• Pay annual leave loading where the award or contract provides
• Provide 10 days personal/carer's leave per NES
• Provide 10 days paid family + domestic violence leave (FDV)
• Document VEVO checks + retain employer records (s 245AYL Migration Act)
• Provide minimum notice of termination (NES s 117)
• Right to Disconnect (s 333M FWA)

Rules Mate tracks 1 published obligation tagged "workplace rights", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated high priority, and is an ongoing duty.

Regulated by Fair Work Commission and Fair Work Ombudsman.

FWC: National workplace relations tribunal. Sets modern awards and the national minimum wage, resolves unfair dismissal and general protections disputes, and registers enterprise agreements.

FWO: Enforces compliance with the Fair Work Act, awards, and agreements. Investigates underpayments, brings civil penalty proceedings, and publishes compliance notices.

• Fair Work Commission
• Fair Work Ombudsman

FW Act: Federal workplace relations Act.

• Fair Work Act 2009

Free tools that help with this obligation:

• Compliance calendar builder