NEW - Right to Disconnect -Small businesses

Fair Work Key Changes - 26th August 2025:

Right to disconnect will apply to small businesses
Eligible employees will have the right to refuse employer or third-party contact outside of working hours.
This change starts on 26 August 2025 for small business employers.

Eligible employees will have a new ‘right to disconnect’ outside of work hours. Employees will have the right to refuse contact outside their working hours unless that refusal is unreasonable. This means an employee can refuse to monitor, read or respond to contact from an employer or a third party. The right also covers attempted contact outside of an employee’s working hours. Several factors must be considered when determining whether an employee’s refusal is unreasonable. This includes:

1. the reason for the contact

2. how the contact is made and how disruptive it is to the employee

3. whether the employee is compensated or paid extra for:

being available to be contacted to perform work within a specific period, or
working additional hours outside their ordinary hours of work

4. the nature of the employee’s role and level of responsibility

5. the employee’s personal circumstances, including family or caring responsibilities.

6. Other matters may also be considered.

HOW DOES THIS IMPACT YOUR DISABILITY SERVICE?

Due to the nature of our work, industry, role and responsibilities, continuity of service, incident management, emergency & disaster management etc, MUST be adhered to.
This means contact with certain roles and direct support staff, such as support workers, site managers, on-call, cleaners, gardeners, admin, and roster, is considered essential and reasonable outside of working hours.
Non-direct support staff, for example, payroll officers, will hold the right to disconnect outside of working hours.
Please ensure your policies, procedures, employment contracts, and employee handbooks reflect this, or download the updated versions from our Members Area.