
“A calm environment is for after I finish work” – Lee Child, British Author
In business, momentum matters – but so does the pause.
The right to disconnect is Australia’s newest workplace reform, designed to draw a firm line between “on the clock” and “off the clock.” It’s not about removing your ability to reach staff – it’s about clarity, consent, and respect for balance.
At Bishop Collins, we don’t just crunch the numbers – we aim to support business owners with building a sustainable, human‑first organisation.
This guide breaks down what the right to disconnect means for your business and how to prepare with confidence as the change hits small businesses on 26 August 2025.
What is the right to disconnect in Australia?
In short, this law means employees can refuse to monitor, read or respond to work-related contact outside of their ordinary working hours, unless refusing is considered unreasonable. This applies to contact from you as the employer, or from a client, supplier or third party.
But here’s the good news: you’re still allowed to reach out. The difference is whether your team are expected to respond. If it’s late at night and not urgent – don’t expect a reply until morning.
When does the right to disconnect apply?
It already applies to medium and large employers (15+ staff).
It will apply to small business employers (fewer than 15 staff) from 26 August 2025
If you’re a small business, now is the time to adjust policies, and set expectations with your team.

Right to disconnect and employee’s personal circumstances
The legislation doesn’t take a one-size-fits-all approach.
Whether a refusal is reasonable or not depends on context – especially the employee’s personal circumstances, including any family or caring responsibilities.
If a team member is picking up their kids at 5.30pm, a 6pm Slack message about tomorrow’s job brief may not be fair game. But if they’re the on-call manager and a key system goes down, you’re well within reason to expect a reply.
Managing hours contact: It’s about predictability, not punishment
You’re not banned from making contact. But you do need to manage expectations about hours of contact outside of regular schedules.
That starts with asking:
What’s your team’s normal working hours?
Do they know how to handle after-hours messages?
Are you compensating those with higher levels of responsibility or availability?
How does employee’s refusal work in practice?
If an employee reasonably refuses contact – based on the following factors:
the urgency of the message
how disruptive it is
their personal circumstances
whether they’re paid extra for after-hours availability
— then they are protected by law and can’t be penalised. As a business owner, it’s wise to embed these expectations clearly, not only in policy but in culture.
Right to disconnect and modern awards: Know your obligations
As of August 2024, every modern award in Australia includes a disconnect clause.
These vary by industry and could have more detailed rules around on-call hours, rosters, or emergency procedures.
If your business relies on an award or enterprise agreement, it’s worth reviewing how those terms interact with your expectations. If you’re unsure, we can connect you with advisers who are best placed to help you interpret these agreements including how they practically apply to your circumstances.
Right To Disconnect: Practical advice for small business employers
Getting ready for this change doesn’t have to be complex. Here’s what we recommend:
1. Review your employment arrangements
Define working hours in contracts and PDs. Be clear on when staff are expected to be available, and when they’re not.
2. Communicate your policy early
Let your team know how you’ll be handling out-of-hours contact. Define “reasonable” in your own context – don’t wait until a dispute.
3. Build a simple disconnect policy
Use plain language. No jargon. Just clarify the process for after-hours expectations and the approach for grey areas.
4. Track hours and additional work
Make sure anyone working additional hours is accounted for and that your payroll, HR, and compliance systems reflect that accurately.
5. Prepare for disputes before they escalate
If a disagreement arises, it must first be dealt with at the workplace level. If unresolved, it may move to the Fair Work Commission – so it’s in your best interest to resolve issues early and document your approach.
Why this matters for your business
This isn’t just a workplace rule or compliance – it’s a cultural shift for your business.
It’s a major change that will affect retention, trust, and performance. Setting fair, predictable boundaries helps you:
Build stronger, more reliable teams
Reduce burnout and unplanned absences
Attract talent looking for flexible, respectful employers
Avoid costly compliance breaches
At Bishop Collins, we believe success isn’t built on pushing harder – it’s built on working smarter, with empathy and foresight.
Your people are your greatest asset. This law helps you protect that asset – and we’re here to help you get it right.
What if I need to contact employees outside their working hours?
You absolutely can – especially in emergencies or if it’s been previously agreed. The issue isn’t the contact itself – it’s the expectation to respond.
If you regularly need out-of-hours input, think about:
Assigning responsibility with compensation
Creating an agreed stand-by roster
Including expectations in your employment agreements
Fair Work Ombudsman: Right to disconnect resources to Help You Prepare
Getting your business ready for the right to disconnect doesn’t have to be overwhelming.
The Fair Work Ombudsman (FWO) has put together a range of helpful tools to make the process easier – especially for small business owners.
Whether you’re setting policy for the first time or fine-tuning an existing policy, here’s what’s available to support you:
1. Understand the Rules and What Makes a Refusal Unreasonable
The FWO explains the legal framework in plain English, including how to assess if an employee’s refusal to respond to contact outside their working hours is unreasonable. These guidelines are a great place to start when shaping your internal approach.
2. Industry-Specific Examples and Award Information
You’ll find tailored examples relevant to your sector and modern award information that could affect how the disconnect term applies to your team.
3. Busting Myths and Starting Conversations
There’s a whole section that debunks common misunderstandings – like whether employers can still reach out, or how to frame these discussions without creating friction.
4. Dispute Resolution Guidance
Learn how to deal with disputes at the workplace level first, and what to expect if a matter needs to be escalated to the Fair Work Commission.
5. Videos for Small Business Employers
The FWO has created three short videos, specifically designed to help small businesses prepare for the changes. The videos cover:
What the new rules are and how they apply to small business employers
How to have productive conversations with your team about after-hours contact
Steps you can take now to set expectations and reduce future risk
Watch the videos and explore these resources now on the Right to Disconnect page.
Also worth noting: Casual conversion changes
From 26 August 2025, eligible casual employees in small businesses can request to convert to permanent part-time or full-time work under the employee choice pathway.
If you receive a written request, there are rules you’ll need to follow, including:
A proper consultation process
A timely and compliant written response
The FWO also provides a free template to help guide your response and avoid compliance missteps.
Learn more and access the template on the Becoming a Permanent Employee page.

What’s next for the right to disconnect?
With the right to disconnect taking effect for small businesses in August 2025, now’s the time to prepare.
Review your contracts and awards
Set clear expectations around communication
Consider how human resources, policies, and compliance can support your team
Build boundaries that promote high performance and healthy culture
Need help making it practical?
Let’s chat. At Bishop Collins, we guide businesses through tax compliance and beyond.
You’re not alone in business – and you don’t need to navigate this alone either.




















