Australia Fair Work Commission has updated their right to disconnect laws

BY SIMONE J. SMITH

You are sitting at your desk in your home office, eyes fixed on the computer screen. Soft keyboard clicks and the sound of incoming email notifications fill the air. You sigh, glancing at the clock on the wall. It’s well past office hours…

In today’s fast-paced, hyper-connected world, many of us live with the constant hum of our computers in the background. We spend our days — and sometimes our nights — tethered to our screens, responding to messages, managing projects, always available, always ‘on.

Yet, despite our efforts, many of us feel a familiar guilt — the nagging sense that we should be responding faster, doing more. It feels as if shutting down is not an option. There’s always one more email, one more task, one more deadline waiting for us.

We’ve blurred the lines between work and rest, and in the process, we’ve forgotten how to truly disconnect. The weight of expectation, whether from others or ourselves, keeps us chained to our devices, even when the workday should be over.

It’s easy to fall into the cycle of constant productivity, especially when technology makes it so simple to stay connected, but being constantly ‘on’ comes with a cost. It affects: our health, our well-being, and our ability to be fully present.

What we don’t realize is that the world won’t stop turning if we pause. An unread email can wait, and sometimes, the best thing we can do is allow ourselves the space to breathe, to recharge, and to remember that we are more than our inboxes.

I have found a country that has found a way to stop the noise. Australia has implemented a formal workplace right to disconnect under the Fair Work Act 2009. From August 26^th, 2025, the right to disconnect will also apply to employees of small businesses.

What is the right to disconnect?

In Australia, outside their working hours, employees can refuse to monitor, read, or respond to contact or attempted contact from:

• their employer, or
• another person if the contact, or attempted contact is work-related (for example, work-related contact from clients or members of the public)

unless the employee’s refusal is unreasonable.

When will an employee’s refusal be unreasonable?

An employee’s refusal to monitor, read, or respond to contact, or attempted contact will be unreasonable if the contact or attempted contact is required by law.

If the contact, or attempted contact is not required by law, certain matters must be considered when deciding whether the employee’s refusal is unreasonable. These include:

• the reason for the contact (or attempted contact)
• how the contact (or attempted contact) is made and how much disruption it causes the employee
• any compensation (monetary or non-monetary) the employee receives
  • to be available to work when the contact (or attempted contact) is made, or
  • to work outside their ordinary hours
• the employee’s role and their level of responsibility, and
• the employee’s personal circumstances, including family or caring responsibilities.

Other matters can also be considered.

What I find interesting is the fact that something like this has been instituted since 2009. I wonder, is this something we can implement here in the Western world?

It’s okay to shut down, because in those moments of stillness, we find the balance that allows us to truly thrive. Take a moment. Disconnect to reconnect with yourself, even though we don’t have legislation to back up our reasons for doing so.