Australia has introduced a groundbreaking law that officially grants workers the right to disconnect from their job responsibilities outside of standard working hours. This legislation, which was recently enacted, represents a significant step toward safeguarding the work-life balance of millions of Australians. It aims to protect employees from the increasing demands of remote work and the expectation of being constantly available, which has become more pronounced since the COVID-19 pandemic.
The new law does not outright ban employers from contacting their employees after work hours. However, it does offer protection to workers who choose not to monitor, read, or respond to work-related communications outside their designated working hours. This protection extends to any work-related contact, whether initiated by an employer or other parties, as outlined by the Fair Work Commission (FWC), Australia’s workplace relations tribunal.
The law, which was passed in February, came into effect on Monday for the majority of Australian workers. For small businesses with fewer than 15 employees, the law will be enforced starting in August 2025. The primary goal of this legislation is to restore a balance between personal and professional life, ensuring that employees are not burdened with unpaid overtime for tasks such as checking emails or responding to work-related matters outside their paid hours.
According to Senator Murray Watt, Australia’s Minister for Employment and Workplace Relations, the law is designed to prevent the erosion of workers’ personal time, allowing them to fully enjoy their private lives without feeling compelled to remain tethered to their work responsibilities. “It’s about ensuring that people can enjoy their private lives, spend time with family and friends, and engage in leisure activities without the obligation to work outside of paid hours,” Watt stated.
Despite its benefits, the law does not provide employees with a blanket exemption from responding to work-related communications. Certain conditions may render an employee’s refusal to respond unreasonable, depending on factors such as the employee’s seniority, personal circumstances, the reason for the contact, and the level of disruption caused. In cases where disputes arise, the FWC recommends that employers and employees attempt to resolve the issue independently. If a resolution cannot be reached, they may seek intervention from the FWC, including the issuance of a “stop order” or other measures.
Senator Watt clarified that while emergencies would reasonably require an employee’s response, routine matters should be postponed until the next working day. This distinction is essential to ensure that employees can disconnect and enjoy their personal time without the pressure of unpaid work.
The law is part of a broader effort to address the growing concerns around work-life balance, especially in light of findings from a 2022 survey conducted by the Centre for Future Work at the Australia Institute. The survey revealed that 70% of Australians engaged in work outside of their scheduled hours, often experiencing physical and mental strain as a result. In 2023, the institute reported that Australians, on average, logged 281 hours of unpaid overtime annually, equating to nearly $7,500 in lost wages per worker.
This legislation has been hailed as a significant victory by the Australian Council of Trade Unions (ACTU), particularly for those in industries such as education, community services, and administration. The ACTU believes that the right to disconnect will not only reduce the number of unpaid work hours but also contribute to mitigating the mental health challenges increasingly prevalent in modern workplaces. ACTU President Michele O’Neil emphasized that the law promises “more money in your pocket, more time with your loved ones, and more freedom to live your life.”
However, the law has not been universally welcomed. Australian opposition leader Peter Dutton has vowed to repeal the right to disconnect if his coalition wins the federal election in 2025, arguing that it could harm employer-employee relations and productivity. The Business Council of Australia echoed these concerns, warning that the law could negatively impact the nation’s competitiveness and economic growth by increasing the complexity and costs of doing business.
Despite the controversy, the law has garnered substantial public support. A 2022 Australia Institute survey found that only 9% of respondents believed the policy would not positively impact their lives, while many anticipated benefits such as increased social and family time, improved mental health, and higher job satisfaction. The trend toward enshrining the right to disconnect is not limited to Australia; several countries in Europe and South America have implemented similar protections, with France being the pioneer in 2017.
As the movement gains momentum globally, questions arise about whether such a law could take root in other nations, including the United States. While the concept has gained some traction, as evidenced by a recent proposal in California inspired by Australia’s legislation, it remains uncertain whether it will be adopted widely across the U.S., given the resistance from business groups and the legislative hurdles it faces.
