Right to Disconnect Policy Template (Australia)
Since 26 August 2024 (and 26 August 2025 for small businesses), Australian employees have a statutory right under section 333M of the Fair Work Act 2009 to refuse to monitor, read, or respond to work contact outside their working hours unless the refusal is unreasonable. Every Australian employer needs a written policy implementing this right. Our free template covers the statutory factors, dispute resolution, on-call arrangements, and manager training infrastructure.
1.1 Purpose: This Policy gives effect to section 333M of the Fair Work Act 2009 (Cth) ("the FW Act"), which provides that an employee may refuse to monitor, read, or respond to contact (or attempted contact) from the Employer or from a third party (if the contact relates to their work) outside the employee's working hours, unless the refusal is unreasonable.
1.2 Scope: This Policy applies to all employees of Pacific Software Solutions Pty Ltd, including full-time, part-time, and casual employees. It does not apply to genuine independent contractors. The Policy operates in addition to (and does not override) any rights conferred by an applicable Modern Award or Enterprise Agreement.
1.3 Status: The right to disconnect is a "workplace right" under section 341 of the FW Act. Adverse action by the Employer because an employee has exercised this right is prohibited by the general protections in Part 3-1 of the FW Act and may attract a claim in the Fair Work Commission or Federal Circuit and Family Court of Australia.
2.1 Right to Refuse Contact: Each employee has the right to refuse to monitor, read, or respond to any contact (or attempted contact) from the Employer outside of the employee's working hours, unless the refusal is unreasonable.
2.2 Third-Party Contact: The right also applies to contact from a third party (such as a client, contractor, or supplier) if the contact relates to the employee's work.
2.3 No Universal Prohibition: The right does not create a universal prohibition on out-of-hours contact by the Employer. The Employer may still attempt to make contact; the right is that the employee can decline to engage with the contact, provided the refusal is not unreasonable in the circumstances.
2.4 No Adverse Action: The Employer must not take adverse action against an employee because the employee has exercised the right to disconnect or has made a complaint or enquiry about the right. "Adverse action" under section 342 of the FW Act includes dismissal, alteration of position to the employee's prejudice, discrimination, or any threat to do any of these.
3.1 Standard Hours: Standard working hours are Monday to Friday, 9:00 am to 5:30 pm (with a 30-minute unpaid lunch break), unless an employee's contract or roster specifies otherwise.
3.2 Individual Variations: Where an employee's hours of work are set by their individual employment contract, roster, Modern Award, or Enterprise Agreement, those hours apply. Employees on rostered shifts are entitled to disconnect during periods that are not part of any rostered shift.
3.3 Travel Time: Travel between work locations during working hours is part of working hours. Commuting to and from the workplace at the start and end of the day is generally not working hours unless otherwise specified by award or agreement.
4.1 Statutory Factors: Under section 333M(3) of the FW Act, in determining whether an employee's refusal to engage with out-of-hours contact is unreasonable, the following factors must be considered:
(a) the reason for the contact or attempted contact;
(b) how the contact or attempted contact is made and the level of disruption it causes the employee;
(c) the extent to which the employee is compensated to remain available outside their working hours, or for working additional hours (including any availability or on-call allowance);
(d) the nature of the employee's role and the employee's level of responsibility; and
(e) the employee's personal circumstances, including family or caring responsibilities.
4.2 Workplace Application: A refusal will more likely be reasonable where the contact is non-urgent, the employee is not paid an on-call or availability allowance, the matter could wait until the next working day, and the employee has family or caring responsibilities. A refusal may be unreasonable where the contact concerns a genuine emergency, the role is senior/high-responsibility, the employee receives an on-call allowance, and a reasonable employee in the role would be expected to respond.
4.3 Manager Self-Check: Before contacting an employee outside their working hours, a manager should ask: Is the matter genuinely urgent? Can it wait until the next working day? Have I attempted to resolve it through other means? Has the employee been compensated for availability? Only proceed with out-of-hours contact if the answer to these questions justifies the disruption.
The right to disconnect applies to all forms of contact (and attempted contact), including:
(a) email; (b) phone calls; (c) SMS and instant messages; (d) workplace chat platforms (Microsoft Teams, Slack, etc.).
"Attempted contact" includes any unanswered call, missed message, calendar invite, or notification that requires the employee to monitor or respond.
6.1 Who may authorise: Only the employee's direct manager or a member of the Executive Leadership Team may authorise out-of-hours contact. The manager must record the reason for the contact and any compensatory time arranged.
6.2 Record-keeping: Where out-of-hours contact is necessary, the requesting manager should record: (a) the reason for the contact; (b) the time and method of contact; (c) any compensatory time or payment arranged. These records may be relevant in any Fair Work Commission dispute about the operation of this Policy.
7.1 Protocol: Between 5:30 pm and 8:00 am on weekdays, and at any time on weekends or public holidays, contact must be made by email or non-urgent chat message only. Phone calls and SMS are reserved for genuine emergencies. Employees are not expected to monitor email or chat outside working hours.
7.2 Definition of Emergency: A "genuine emergency" means: (a) a Severity 1 production incident; (b) a serious workplace health and safety issue requiring immediate response; (c) a critical client matter where delay would cause significant client harm; or (d) a regulatory or legal deadline that cannot be missed.
7.3 Compensatory Time: Where an employee engages with non-emergency out-of-hours contact at the Employer's request, the Employer will provide compensatory time off in lieu, on a one-for-one basis, to be taken within 14 days. Emergency out-of-hours work is governed by the applicable Modern Award or Enterprise Agreement overtime / on-call provisions.
8.1 Roles Subject to On-Call: Engineering Operations team — rostered 24x7 on-call for Severity 1 production incidents; Sales Engineering — quarterly rotation for emergency client escalations; Executive Leadership Team — always reachable for board, regulator, and serious incident matters.
8.2 Compensation: Employees on a rostered on-call arrangement receive AUD 250 per 24-hour on-call period, plus AUD 150 per call-out (minimum 2-hour engagement), in addition to their ordinary salary or wages. This compensation is the consideration for remaining available to respond to contact outside ordinary working hours.
8.3 Response Expectation: While rostered on-call, employees are expected to respond to contact within 15 minutes of contact during a rostered on-call period. Outside the rostered on-call period, the right to disconnect under clause 2 applies.
8.4 Interaction with s. 333M: The Fair Work Commission will consider compensation under section 333M(3)(c) when assessing whether a refusal during an on-call period would be reasonable. Refusal during a compensated on-call period is more likely to be unreasonable; refusal outside a compensated on-call period is more likely to be reasonable.
For employees whose work involves international counterparts in different time zones, the following arrangements apply:
Engineering team members supporting our San Francisco product office are not expected to attend meetings or respond to contact between 11:00 pm and 7:00 am AEDT. Where regular cross-time-zone meetings are required, the employee's ordinary hours will be adjusted by written agreement.
Time-zone-driven contact does not automatically make a refusal unreasonable. Where consistent cross-time-zone contact is part of the role, the Employer will adjust the employee's ordinary working hours by agreement, or provide compensation under clause 8, rather than treating out-of-hours contact as a default expectation.
10.1 Internal Resolution First: Under section 333N of the FW Act, the parties must first attempt to resolve any dispute about the right to disconnect at the workplace level. An employee who believes the Employer is not respecting their right to disconnect should: (a) raise the matter with their direct manager in the first instance; (b) if not resolved, escalate to Head of People and Culture; (c) participate in a good-faith discussion to identify a workable solution.
10.2 Fair Work Commission Referral: If the dispute is not resolved at the workplace level, either party may apply to the Fair Work Commission under section 333P of the FW Act. The Commission may make:
(a) an order preventing the employee from unreasonably refusing to monitor, read, or respond to contact (where the Commission considers there is a risk of continued unreasonable refusal); or
(b) an order preventing the Employer from taking disciplinary action against the employee or requiring the employee to remain connected (where the Commission considers the refusal was reasonable).
10.3 Adverse Action Claims: Adverse action claims for breach of the general protections (Part 3-1 of the FW Act) are heard by the Federal Circuit and Family Court of Australia and carry uncapped compensation. Such claims may be brought separately from a section 333P application.
11.1 Manager Training: All managers and team leaders will receive training on this Policy within 30 days of their appointment to a supervisory role. Training will cover: (a) the statutory framework under sections 333M-333P of the FW Act; (b) the reasonable / unreasonable factors; (c) the prohibition on adverse action under Part 3-1; (d) workplace dispute resolution under this Policy.
11.2 Employee Acknowledgement: Each employee will be asked to sign an acknowledgement that they have read and understood this Policy. The acknowledgement records the employee's receipt of the Policy and confirms their understanding of both their right to disconnect and the limited circumstances in which a refusal may be unreasonable. Acknowledgements are retained on the employee's personnel file.
12.1 Review: This Policy will be reviewed by 26 August 2026 or earlier if (a) the Fair Work Commission issues binding guidelines under section 333M, (b) the FW Act is materially amended, or (c) operational experience identifies the need for change.
12.2 Variation: The Employer may vary this Policy from time to time, subject to consultation with employees and any consultation obligations under any applicable Enterprise Agreement. Any variation will be circulated to all employees and published in the workplace.
12.3 Governing Law: This Policy operates within the framework of the Fair Work Act 2009 (Cth) and the workplace laws of New South Wales.
What Is a Right to Disconnect Policy?
A Right to Disconnect Policy is the workplace document that gives effect to section 333M of the <em>Fair Work Act 2009 (Cth)</em>, introduced by the <em>Fair Work Legislation Amendment (Closing Loopholes No. 1) Act 2023 (Cth)</em>. The policy sets out how the employer respects the employee's statutory right to refuse out-of-hours contact, defines the working hours boundary, explains when a refusal may be "unreasonable" under the section 333M(3) factors, and establishes a workplace dispute resolution process that must be followed before any application to the Fair Work Commission under section 333P.
The right to disconnect applies to all Australian employees — full-time, part-time, and casual. It commenced on <strong>26 August 2024</strong> for most employers, and on <strong>26 August 2025</strong> for small business employers (fewer than 15 employees). Under section 341, the right is a "workplace right", which means it is protected by the general protections in Part 3-1 of the FW Act: an employer who takes adverse action against an employee because they have exercised the right to disconnect can face uncapped compensation in the Federal Circuit and Family Court of Australia. The Fair Work Commission has confirmed it will issue formal guidelines once it has had the opportunity to hear early disputes.
Australia's right to disconnect is one of the most-watched workplace reforms in the OECD. Australia followed France (2017), Italy (2017), Belgium (2022), and Portugal (2021) in legislating a formal right, and the UK Labour Government is now considering similar reforms. The Australian regime is distinctive in two respects: it operates through a "reasonableness" test rather than a blanket ban (section 333M(3) lists 5 factors to be considered), and it makes the right enforceable through the existing FWC dispute jurisdiction with bespoke remedy powers under s. 333P.
What's Covered in This Template
Our Australian Right to Disconnect Policy gives effect to section 333M and provides operational infrastructure for managers.
Statutory Rights Overview
Clear statement of the employee's right under section 333M FWA to refuse to monitor, read, or respond to out-of-hours contact, unless the refusal is unreasonable.
Adverse Action Notice
Adverse action by the employer because an employee has exercised the right is prohibited by Part 3-1 of the FW Act (general protections) — explicit notice to both parties.
Working Hours Definition
Plain-English statement of standard working hours and how individual contracts, rosters, Modern Awards, or Enterprise Agreements take precedence.
Five s. 333M(3) Reasonableness Factors
Reason for contact; method and disruption; compensation; nature of role; personal circumstances — all laid out in the policy with a manager self-check.
Contact Methods in Scope
Email, phone, SMS, workplace chat (Teams / Slack), and in-person contact at the employee's residence — checkboxes to select which apply.
Manager Authorisation Rule
Names who can authorise out-of-hours contact and records the reason / method / compensatory time — primary evidence in any FWC dispute.
Expert: After-Hours Contact Protocol
Defines emergency vs non-emergency, prescribes contact methods by time of day, and mandates compensatory time off in lieu.
Expert: On-Call Arrangements
Rostered on-call schedules, compensation rates, and response-time expectations — addresses s. 333M(3)(c) compensation factor directly.
Expert: International / Time-Zone Work
Handles overseas-office support roles by either adjusting ordinary hours or providing compensation — avoids high-risk midnight-call practices.
Expert: Manager Training + Acknowledgement
Documented training within 30 days of supervisory appointment and signed employee acknowledgement on file — evidence of genuine compliance.
Dispute Resolution Process
Mandatory internal workplace step under s. 333N before any Fair Work Commission application under s. 333P.
Review and Variation Mechanism
Two-year review cycle (or earlier if FWC issues binding guidelines or the FW Act is amended) and a clear variation process with consultation.
How to Create a Right to Disconnect Policy
Follow these steps to prepare a policy that complies with section 333M of the FW Act.
- 1
Confirm Small Business Status
Determine whether the employer is a small business (fewer than 15 employees including related-entity employees). This drives the commencement date: 26 August 2024 (non-small) or 26 August 2025 (small).
- 2
Define Working Hours and Contact Methods
State the standard working hours pattern and tick the contact methods within scope (email, phone, SMS, chat, in-person). These set the practical boundary of the right.
- 3
Name Authorisation and Policy Owner
Specify who can authorise out-of-hours contact and identify the Policy Owner (typically HR or People & Culture lead) who will manage internal disputes.
- 4
Use the Expert Version for Operational Infrastructure
Add an after-hours protocol with emergency definition, on-call rosters with stated compensation, international / time-zone arrangements, and manager training + employee acknowledgement requirements.
- 5
Publish and Implement
Distribute the signed policy to all employees, train all managers within 30 days of their appointment to supervisory roles, and obtain signed employee acknowledgements for personnel files. Review every 2 years or earlier if the FWC issues binding guidelines.
Legal Considerations
The right to disconnect is a new and evolving area of Australian workplace law.
This template is for informational purposes only and does not constitute employment law advice. The right to disconnect is new (in force from 26 August 2024) and the Fair Work Commission has only begun hearing disputes. Seek advice from an Australian employment lawyer for industry-specific risks (24x7 operations, healthcare, emergency services) or for any planned departure from the policy template.
Reviewed for Australian law
The Five Section 333M(3) Reasonableness Factors
In assessing whether an employee's refusal to engage with out-of-hours contact is unreasonable, the Fair Work Commission and any court must consider: <strong>(a)</strong> the reason for the contact or attempted contact; <strong>(b)</strong> how the contact is made and the level of disruption it causes; <strong>(c)</strong> the extent to which the employee is compensated to remain available outside their working hours, or to work additional hours; <strong>(d)</strong> the nature of the employee's role and the employee's level of responsibility; and <strong>(e)</strong> the employee's personal circumstances, including family or caring responsibilities. The factors are non-exhaustive — the Commission can consider other relevant matters. No single factor is decisive.
No Universal Prohibition on Contact
The right does not prohibit the employer from attempting to contact employees outside their working hours. The right is to <strong>refuse to engage</strong> with the contact, provided the refusal is not unreasonable. This distinction matters: an employer that consistently makes after-hours contact creates a culture where employees may feel compelled to respond despite the right, and that culture itself may be evidence of adverse action in a general-protections claim. The policy should encourage managers to first ask whether contact is genuinely necessary.
Adverse Action and Part 3-1 of the FW Act
Section 341 of the FW Act treats the right to disconnect as a "workplace right" — meaning that adverse action because the employee has exercised the right is prohibited by sections 340-342 of the FW Act. "Adverse action" includes dismissal, alteration of position to the employee's prejudice (such as reducing hours or removing responsibilities), discrimination, or any threat of these actions. Adverse action claims are heard by the Federal Circuit and Family Court of Australia and carry uncapped compensation — including for lost wages, future earnings, and emotional distress. The reverse onus under s. 361 means the employer must prove the action was not because of the right.
Section 333N Workplace Dispute Resolution
Under section 333N of the FW Act, the parties must first attempt to resolve any right-to-disconnect dispute at the workplace level. Only after good-faith internal discussions have failed can either party apply to the Fair Work Commission under section 333P. The Commission can make two types of orders: (a) preventing the employee from unreasonably refusing future contact, or (b) preventing the employer from taking disciplinary action against an employee whose refusal was reasonable. A well-drafted internal dispute process in the policy itself helps satisfy the s. 333N requirement and reduces FWC application risk.
Interaction with Modern Awards and Enterprise Agreements
The right to disconnect under s. 333M operates in addition to any rights under an applicable Modern Award or Enterprise Agreement — it does not override them. Where an Award contains on-call, standby, recall, or out-of-hours provisions (such as call-out minimum payments or overtime rates), those provisions continue to operate. The s. 333M(3)(c) compensation factor will incorporate Award-based on-call allowances when assessing reasonableness. Employers should cross-reference their policy with the relevant Modern Award to avoid inconsistency.
Frequently Asked Questions
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