Who must comply with Right to Disconnect (s 333M FWA)?
The applicability test for Right to Disconnect (s 333M FWA) (FWC and FWO), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Some businesses
Applies when the business has employees.
What the obligation is
Employees may refuse out-of-hours contact unless unreasonable from 26 August 2024.
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.
The applicability test
Applies when the business has employees.
How the regulator frames it: All employers + employees.
What triggers it: Out-of-hours contact.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
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.
Business structure and size
Structure does not change the answer across all industries: for every structure the answer is "depends on size or structure".
| Size band | Answer across all industries, any structure |
|---|---|
| No employees (turnover $100K–$1M) | No |
| 1–5 employees (turnover $100K–$1M) | Yes |
| 6–19 employees (turnover $1M–$3M) | Yes |
| 20–99 employees (turnover $3M–$10M) | Yes |
| 100–499 employees (turnover $10M–$100M) | Yes |
| 500+ employees (turnover $100M–$1B) | Yes |
Worked examples
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.
What you must do, and when
- When due
- Continuous; FWC dispute process available.
- Frequency
- Ongoing
- Evidence to keep
- Workplace policies + dispute records.
- In force from
- 26 August 2024
- Status
- Current
- Priority
- High
Penalty for not complying
No maximum penalty is recorded for this obligation in the Rules Mate corpus; check the regulator source below.
Audit or assurance level
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.
Dates in the compliance calendar
Obligations with the same applicability test
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
- Honour employees' right to disconnect (s 333M)
- 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)
Where it sits in the corpus
Rules Mate tracks 19 published obligations tagged "workplace", 5 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 13 of those apply outright. This obligation is rated high priority, and is an ongoing duty.
Regulator, legislation and tools
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.
FW Act: Federal workplace relations Act.
Free tools that help with this obligation:
Questions
- Who must comply with Right to Disconnect (s 333M FWA)?
- Applies when the business has employees.
- Does Right to Disconnect (s 333M FWA) apply to sole traders?
- Depends on size or structure. Across every industry and every size band, the engine's answer for a sole trader is: depends on size or structure.
- Does Right to Disconnect (s 333M FWA) apply to businesses with 1–5 employees?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "Right to Disconnect (s 333M FWA)" due?
- Continuous; FWC dispute process available.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.