Small business owners – Are you ready?
It’s time to prepare for the ‘Right to Disconnect’ legislation
From 26 August 2025, Australia’s landmark ‘Right to Disconnect’ legislation – already in effect since 2024 for larger employers – will also apply to small businesses (those with fewer than 15 employees). That means your employees can legally refuse to monitor, read, or respond to work-related communications outside their scheduled hours – unless that refusal is unreasonable.
What does ‘unreasonable’ mean?
What small business employers must do to comply:
1. Review & Update Policies and Contracts:
– Add or revise workplace policies to explicitly reflect the right to disconnect.
– Update employment contracts (including casuals) or job descriptions to clarify expectations.
– Reference award or agreement specific obligations, if they include additional terms.
2. Train Your Managers & Staff
– Ensure leadership understands the legal framework and what reasonable vs unreasonable contact looks like.
– Consider simple guidelines, e.g. email signature reminders that employees aren’t obliged to reply after hours.
3. Set Communication Norms
– Discuss boundaries with employees and agree on suitable modes and timing for out‑of‑hours contact when needed.
– Clarify any situations where after-hours contact may be deemed reasonable, such as emergencies or urgent deadlines, ideally with advance compensation arrangements.
4. Compensation & On‑Call Arrangements
– If employees must remain on-call or respond after hours, consider paying allowances or overtime, and document these arrangements clearly in contracts or policies.
5. Handle Disputes Appropriately
– Encourage workplace-level resolution first for any refusal or dispute. If unresolved, the matter can be raised with the Fair Work Commission.
– You must not discipline or penalise an employee for exercising this right when refusal is reasonable.
Benefits beyond compliance
– Improved mental health and work/life balance for staff, reducing burnout.
– A more attractive workplace culture – 78% of employees say they prefer employers with clear policies on after-hours contact.
– Lower risk of legal disputes, particularly General Protections claims or Fair Work Commission action.
Timeline to action
– Before 26 Aug 2025:
– Finalise and communicate new policies
– Train all managers and staff
– Set clear guidelines and on-call pay structures
– From 26 Aug 2025:
– Begin operating under the new rules
– Encourage staff to use their right to disconnect
– Resolve any disputes promptly at workplace level
Need support?
At Total HRM, we’re here to help small businesses navigate these changes with confidence. Whether you need to update your employment policies, train your managers, or develop clear communication protocols, our experienced team can provide practical, compliant solutions tailored to your workplace. Reach out to us today to ensure your business is ready for the Right to Disconnect laws by 26 August 2025.
Source: Fair Work