Fair Work New Right To Disconnect

January 29, 2026•7 min read

If you've ever felt the urge to fire off a “quick message” or call one of your team members after hours, or you may have been on the receiving end of late-night contact yourself, you’re certainly not alone. In today’s always-on world, the boundaries between work and personal time have never been blurrier. And for small to medium business owners in particular, this can be a real challenge.

With Fair Work Australia’s new Right to Disconnect now applying across all workplaces, the landscape has shifted. I’ve had many business owners come to me lately asking the same questions:
“When can I contact my employees?”
“What counts as reasonable?”
“Am I allowed to text someone after hours if I need them?”

I get it, it feels like a big change. But the good news is that it doesn’t need to be confusing or stressful. In fact, when you understand how this works, it actually opens the door to a more respectful, productive and engaged workplace.

Let me walk you through what you really need to know.

The Reasonableness Test: Your New Guidepost

The Right to Disconnect isn’t a complete ban on contacting employees outside of work hours. Instead, it all comes down to one key question:

Is the contact reasonable?

This includes the reason you're reaching out and the impact that contact will have on the employee.

Here’s how I explain it to my clients:

A reasonable example

It’s 6:30am and a casual calls in sick for a 7am shift. You urgently need cover. Reaching out to another casual who is often available is absolutely reasonable. There’s a direct, immediate business need.

A not-so-reasonable example

If an employee has told you they can’t work mornings, calling them at 6am to ask if they want a 7:30am shift isn’t appropriate. That disregards their stated availability and crosses a personal boundary.

Before you pick up the phone, pause and ask yourself:

Is this truly urgent?
Can it wait until their next shift?
Is there a less intrusive method of contact?

A text message after hours is often far more respectful than a call, unless something is genuinely urgent.

This isn’t about restricting you as a business owner; it’s about encouraging thoughtful, respectful communication.

When Employees Don’t Respond, And Why That’s Their Right

This is the important bit - and it’s where many business owners feel uncertain.

Under the new laws, if an employee chooses not to answer a call, reply to a message, or respond to an email outside their normal hours, that is their legal right , even if they’re a casual person who has said they’re “generally available.”

So any adverse action against this employee (even subtle forms of it) for not responding after hours is illegal.

That means:

no penalising them
no changing their shifts
no treating them differently

no implying they’re “less committed” (not even as a joke!)

Consistency in how you manage your team is the key. Whether someone replies instantly to you, or not until their next rostered shift, they should be treated the same.

This change isn’t about employees being difficult, it’s about everyone having the chance to genuinely switch off and recharge when they’re not at work. This may look different for different employees - so you just need to be aware and treat them the same way at work.

The Hidden Risk Area: Social Time & After-Hours “Work Talk”

This is an area that has often caused problems, from my HR experience over the years, and it's now clear so it should be easier for you to set boundaries around social/work events so there are no blurred lines.

When we work closely with people, friendships form and often this will lead to after-work drinks. Especially after a work related event, when it wraps up, sometimes a few people “kick on” afterwards. Before you know it, conversations drift back into work topics, decisions, ideas, issues, future plans. Now this is where it gets a bit tricky…

The moment a work event officially ends, the Right to Disconnect begins.

If someone chooses to keep socialising, they are doing so in their personal time. They should feel zero pressure to keep talking about work, sharing ideas, or contributing to discussions after hours.

And even more importantly, those who aren’t there must not be disadvantaged.

We’ve all heard stories about men making business decisions on the golf course, leaving women out of the loop. The same dynamic can show up in small, everyday ways: three people from your team have drinks, talk through half a department issue, then return to work with a “pre-agreed” plan the others were never part of.

That’s not just a disconnect issue, it’s an inclusion issue. This is where you have the opportunity to make sure your business has an inclusive and motivating culture for all your team members.

Nobody should return to work feeling like decisions were made without them simply because they chose to go home to their family. A sense of belonging and fairness directly impacts motivation and engagement, and it’s something we need to be consciously protecting.

Practical Steps You Can Put in Place Right Now

This all sounds VERY HARD - so let’s look at what simple things you can do now.

Let’s see how you can set your business up for success, based on the framework I shared in this document

1. Review (or create) your communication policies

Spell out what’s urgent, what’s not, and how after-hours communication should be handled. This is particularly important around shift workers, casuals or projects - so everyone is on the same page if urgent shifts need to be filled, they can then choose whether to check/respond to their messages if they want the extra work.

2. Lead by example

If you’re sending messages at 10pm, your team will assume they should too. Disconnect yourself if you want others to do the same.

If you still want to work at 10pm - it may be as simple as doing your emails and setting them to send after 7am. You still get to work when it suits you, but your team members won’t see those messages until the next working day.

3. Prioritise wellbeing

See this as an opportunity for you and your team, not an inconvenience. Respecting personal time leads to better performance, lower burnout and higher trust. You might even notice you’re more productive the next day too, if you have a decent break.

4. Educate your team

Take 10 minutes to explain the Right to Disconnect and how it applies to your team. Make sure managers understand the legal implications and your team members understand what you may consider urgent and why?

5. Document where necessary

If you need to make urgent contact after hours, keep a brief record of why. It’s good practice and protects both parties.

6. Clarify work-event boundaries

Communicate clearly when a work event officially ends. After that point, anything work-related becomes optional and shouldn’t impact people who chose not to stay. (This is important for a number of reasons, including health and safety, expenses and any other risks of late night partying that you wouldn’t normally have to manage in your workplace)

Why This Change Is Good for Business

The Right to Disconnect isn’t a burden, it’s an invitation to build a healthier culture.

When people truly switch off, they return more energised, engaged, and motivated.
Trust grows.
Burnout drops.
Motivation increases.
Your workplace becomes a place where people want to be.

You’re not just complying with new legislation, you’re building the kind of workplace people talk about (in a good way).